Family and Medical Leave Act (FMLA) Poster in San Antonio, Texas (2026)
A Department of Labor (DOL) audit can start with a single missing poster, leading to fines of up to $217 per violation and employee complaints. In San Antonio, Texas, you are federally required by the U.S. Department of Labor to post the current Family and Medical Leave Act notice in your workplace. Also called the "Your Rights Under FMLA" workplace poster, this is a mandatory display that informs employees of their eligibility for unpaid, job-protected leave. Key facts:
- 10 fields to fill—ApronPrep auto-fills 8
- $0–$0 government filing fees for the poster itself
- Processing timeline varies, as this is a display requirement you must complete and post immediately
Analyzed from Family and Medical Leave Act (FMLA) Poster
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Why You Need a Family and Medical Leave Act (FMLA) Poster
The Family and Medical Leave Act (FMLA) poster is a federal requirement, mandated by the U.S. Department of Labor (DOL) for nearly all public agencies and private-sector employers with 50 or more employees. In San Antonio, Texas, this federal law is enforced without additional local ordinances. The legal basis is the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.) and its implementing regulations (29 C.F.R. § 825). The DOL requires the poster, formally titled "Your Rights Under the Family and Medical Leave Act," to be displayed prominently where all employees and applicants can see it. This mandate is separate from, but often grouped with, other federal labor law posting requirements under the Fair Labor Standards Act (FLSA).
Failure to properly display the current FMLA poster can trigger investigations and significant penalties from the DOL's Wage and Hour Division. While there is no direct filing fee for the poster itself, non-compliance carries tangible risks and costs:
- Civil money penalties: The DOL can assess fines for willful violations of posting requirements. While specific fines for FMLA poster violations are not always itemized, they can be included in broader enforcement actions.
- Increased liability in disputes: If an employee brings an FMLA-related claim (e.g., for interference or retaliation), the employer's failure to post the notice can be used as evidence that the employee was not properly informed of their rights, potentially weakening the employer's defense.
- Operational disruption: A DOL investigation triggered by a missing poster can expand to a full audit of wage, hour, and leave practices, leading to back wage assessments and liquidated damages for other violations found.
- Reputational and recruitment harm: Visible non-compliance with federal labor standards can damage employee morale and deter quality applicants.
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: In March 2024, the DOL issued a final rule updating several FMLA regulations, but the mandatory poster content itself was not revised; employers must ensure they are using the most recent version, last updated in 2020, which reflects previous regulatory changes.
Who Needs a Family and Medical Leave Act (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Employers with 50 or more employees, including full-time, part-time, and temporary workers within a 75-mile radius, must display this federal workplace poster. |
| Bar / Nightclub | Required | Falls under the same FMLA (29 U.S.C. § 2601) coverage as restaurants; if the business employs 50+ people within 75 miles, the poster is mandatory. |
| Food Truck | Not Required | A single food truck is almost never a covered employer under FMLA due to the 50-employee threshold; posters are not required. |
| Coffee Shop / Café | Required | If the café employs 50 or more individuals in a 75-mile radius, it is a covered employer under federal law and must display the poster. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (10 Fields)
8 of 10 auto-filledTotal Number of Employees
numberEnter the total number of people you employ across all locations and roles, including part-time, full-time, and seasonal workers, as this directly determines your obligation to post under federal FMLA regulations.
COMMON MISTAKE: A common error is counting only employees at the main San Antonio location or excluding part-time staff, which can lead to an inaccurate eligibility assessment and non-compliance.
Understanding of FMLA Poster Requirement
booleanConfirm that you understand the federal requirement to display the FMLA poster if you have 50 or more employees within 75 miles of the worksite, as mandated by the U.S. Department of Labor (DOL).
FMLA Poster Downloaded
booleanIndicate whether you have obtained the official 'Your Rights Under the Family and Medical Leave Act' poster (WH Publication 1420) from the DOL website or another approved source.
COMMON MISTAKE: The most common mistake is displaying an outdated or expired version of the poster, such as one dated before the current 2026 revision, which fails to meet compliance standards.
Poster Acquisition Method
selectSelect how you obtained the poster, such as direct download from the DOL website, ordering from the DOL’s publication center, or receiving it from a compliance service provider.
COMMON MISTAKE: Using a poster from a third-party HR vendor that has not been officially vetted or updated to the 2026 version can result in non-compliance.
Poster Display Location
textDescribe the specific, conspicuous, and common area where the poster is physically displayed for all employees to see, such as a break room bulletin board, time clock area, or HR office entrance.
COMMON MISTAKE: Placing the poster in a manager's office, a locked cabinet, or an infrequently accessed online portal violates the DOL’s requirement for conspicuous posting where employees can readily see it.
Business Has Multiple Locations
booleanAnswer yes if your business operates more than one worksite, as this triggers the requirement to post at each location where you have 50 or more employees within a 75-mile radius.
Number of Business Locations
numberIf you have multiple locations, enter the total count of all worksites to help track and confirm that each eligible location has the required poster displayed.
COMMON MISTAKE: Incorrectly counting only retail locations while excluding warehouse or administrative sites can lead to incomplete compliance across the entire business.
Poster Display Confirmed
booleanConfirm that you have personally verified the poster is currently displayed in the correct location and is not obscured, damaged, or outdated, as the DOL requires active employer maintenance.
COMMON MISTAKE: Assuming a poster is still up after initial placement without periodic checks, as posters can be removed, covered, or damaged over time, leading to an unnoticed compliance failure.
Poster Maintenance Plan
booleanIndicate whether you have a process, such as a monthly checklist or manager audit, to ensure the poster remains in good condition, legible, and properly displayed.
Monitoring for Poster Updates
booleanConfirm you have a system to monitor for official DOL updates or revisions to the FMLA poster, as using an outdated version is a primary cause of penalties during audits.
COMMON MISTAKE: Failing to subscribe to DOL email updates or check the Wage and Hour Division website annually for poster changes, resulting in continued display of an obsolete version.
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Displaying an Outdated or Generic Poster Version
The U.S. Department of Labor (DOL) updates the official FMLA poster every few years; using an outdated or a generic, non-official template is a violation. For instance, a 2023 poster displayed in 2026 lacks current contact information for the Wage and Hour Division. This mistake can lead to a DOL investigation and fines up to $204 per violation. Always download the current 'Employee Rights Under the FMLA' poster directly from the DOL website (dol.gov) and verify the publication year.
2. Failing to Post in a Conspicuous Location
The poster must be placed where all employees and applicants can easily see it, like a break room, common area, or near time clocks. Tucking it in a binder in the manager's office or posting it in a low-traffic back hallway does not meet the requirement. This oversight is a common citation during DOL audits because it denies employees access to their rights. Post it alongside your other required labor law posters (like the OSHA and EEO posters) in your primary employee gathering space.
3. Not Posting in Languages Read by Employees
If a significant portion of your workforce does not read English, you must provide the poster in languages they understand. In San Antonio, where Spanish is widely spoken, failing to display the Spanish-language version of the FMLA poster ("Derechos de los Empleados conforme a la FMLA") can be deemed non-compliant. The DOL provides official translations. Check your workforce demographics and obtain the necessary translated versions from the DOL website to post alongside the English version.
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Family and Medical Leave Act (FMLA) Poster by City in Texas
| City | Fee Range | Timeline |
|---|---|---|
| Dallas | ||
| Houston | ||
| San Antonio |
Timeline: Varies
Determine Your Obligation and Acquire the Poster
First, confirm that you're a covered employer under the FMLA, which applies to private employers with 50 or more employees within a 75-mile radius. The law requires you to post a notice (Form WHD 1420) explaining FMLA rights. Download the official 2026 version from the U.S. Department of Labor's Wage and Hour Division (WHD) website at dol.gov/whd. Do not purchase a poster from a private vendor unless they guarantee the current, legally compliant version. The most common delay here is using an outdated poster from a previous year.
Prepare the Poster for Display
Print the downloaded poster on durable material, such as legal-size (8.5" x 14") paper or a laminated sheet. Ensure the text is clearly legible. This step requires access to a suitable printer. There is no formal "application" to file, as the process is one of compliance and display. The non-obvious detail is confirming the poster includes the most recent updates; the 2026 version reflects any regulatory changes to notices required by the WHD.
Post in a Conspicuous Location
Display the FMLA poster prominently where all employees and applicants can see it. This is typically in a common area like a break room, near time clocks, or alongside other required labor law posters (e.g., OSHA, EEO). For San Antonio restaurants with remote or non-English speaking staff, you must also provide the notice electronically or include it in an employee handbook. The failure to post it visibly is a common compliance oversight that can trigger penalties during a DOL investigation.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in Texas.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcoholic Beverage License Posting/Display Requirement
state
Application for Employer Identification Number
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no formal application or issuance process for the FMLA poster, as it is a federal notice you must display. You can download and print the official poster directly from the U.S. Department of Labor's website. Your obligation is to display it immediately upon hiring your first employee; there is no government processing timeline to wait for.
The government filing fee for obtaining the official FMLA poster is $0–$0. The notice is provided for free by the U.S. Department of Labor. You are responsible for the cost of printing and posting it in a conspicuous workplace location. Not legal advice — verify with the Department of Labor's Wage and Hour Division.
Yes, the FMLA poster is not a location-specific permit; it is a federal labor law notice. If you move your business, you simply re-post the same required notice at your new location. This contrasts with location-specific permits like a Certificate of Occupancy, which must be obtained for each new premises.
You do not renew the poster, but you must ensure you are displaying the most current version issued by the federal government. The notice must be replaced when the Department of Labor updates its mandatory content, as required under 29 C.F.R. § 825.300. Always check the DOL website for the latest version, similar to staying current with other federal postings like those for E-Verify Enrollment.
There is no scheduled inspection for the FMLA poster. Compliance is typically verified during a visit by a U.S. Department of Labor Wage and Hour Division investigator, often triggered by an employee complaint. The investigator will check that the current, official poster is displayed in a location easily seen by employees, such as where other workplace notices are posted.
About This Data
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Texas specifically, we have analyzed compliance dossiers for 3 cities (Dallas, Houston, San Antonio), generating Rich FILs (Form Intelligence Layers) with 10 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
Sources
- Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
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