Family and Medical Leave Act (FMLA) Poster (2026)
Without the FMLA poster displayed in your restaurant, you face federal penalties and employee complaints — the Department of Labor actively enforces this requirement during workplace inspections. The Family and Medical Leave Act (FMLA) Poster is a federally mandated notice that informs employees of their rights to unpaid, job-protected leave for qualifying medical and family events. Also called the Employee Rights & Responsibilities poster or FMLA notice requirement. Key facts:
- 10 fields — ApronPrep auto-fills 8
- $0 government filing fees — you print and post
- No expiration date — post remains valid indefinitely
Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 8 of 10 fields.
Analyzed from Family and Medical Leave Act (FMLA) Poster
80% from one compliance interview
Manual entry or document upload required
Why You Need a Family and Medical Leave Act (FMLA) Poster
The Family and Medical Leave Act (FMLA) Poster is a mandatory federal workplace notice required under the Family and Medical Leave Act of 1993 (29 U.S.C. § 2619) and its implementing regulations at 29 C.F.R. § 825.300. The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces this requirement. Any employer covered by the FMLA — generally those with 50 or more employees within 75 miles — must display the current WHD-approved notice (Form WH-1420) in a conspicuous location where employees and applicants can readily see it. For restaurant operators, this typically means a break room, employee entrance, or back-of-house bulletin board. Failure to post does not exempt an employer from FMLA obligations — it can actually extend the window during which employees may file claims, because the notice period for employee rights does not begin running until proper posting occurs.
Operating without the required FMLA poster exposes your restaurant to a compounding set of legal and operational risks enforced by the Wage and Hour Division. A single willful failure to post can trigger civil money penalties, and because non-posting tolls employee notification deadlines, a missing poster can dramatically increase your liability window for back-pay and interference claims. Specific consequences include:
- Civil money penalties up to $204 per violation (per WHD penalty schedule, adjusted periodically for inflation under the Federal Civil Penalties Inflation Adjustment Act) for each failure to post
- Extended employee claim windows — without proper notice, the 12-month eligibility clock may not start, leaving employers exposed to retroactive FMLA interference or retaliation claims
- Back wages and liquidated damages — courts may award up to 2x back wages in FMLA interference or retaliation cases where lack of notice contributed to the violation
- WHD investigation and audit risk — a missing poster is one of the first compliance failures WHD investigators document during a wage-and-hour audit, and it frequently triggers broader scrutiny of FMLA and FLSA practices
- Insurance and lease implications — some commercial general liability and employment practices liability (EPLI) policies treat documented non-compliance as a basis for coverage disputes; verify your policy terms with your broker
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: As of 2023, the DOL Wage and Hour Division released an updated Form WH-1420 FMLA poster reflecting revised penalty amounts under the Federal Civil Penalties Inflation Adjustment Act — employers must replace any older version of the poster to remain compliant; contact the WHD at dol.gov/agencies/whd to confirm you are displaying the current version.
Who Needs a Family and Medical Leave Act (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Full-service restaurants with 50 or more employees within 75 miles are covered employers under 29 U.S.C. § 2611(4)(A) and must display the WHD-mandated FMLA poster; restaurants below the 50-employee threshold are exempt, but posting is still recommended best practice. |
| Bar / Nightclub | Required | Bars and nightclubs meeting the 50-employee threshold under 29 C.F.R. § 825.104 are covered employers and must post the current FMLA notice in a conspicuous location where employees and applicants can see it. |
| Food Truck | Not Required | Most food truck operations employ fewer than 50 employees within a 75-mile radius and therefore do not meet the covered-employer threshold under 29 U.S.C. § 2611(4)(A); operators who do reach that threshold through a fleet or parent company must post the notice at each worksite or in employee handbooks per 29 C.F.R. § 825.300(a)(3). |
| Coffee Shop / Café | Required | Coffee shops and cafés that employ 50 or more employees (including part-time workers counted under 29 C.F.R. § 825.105) within a 75-mile radius are covered employers required to display the FMLA poster; single-location shops below that threshold are exempt. |
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 employees on your payroll across all locations — FMLA poster requirements apply to any private employer with 50 or more employees for at least 20 workweeks in the current or preceding calendar year (29 CFR § 825.104).
COMMON MISTAKE: Counting only full-time employees and excluding part-time, seasonal, or temporary workers — the DOL counts all employees on payroll, which can push you over the 50-employee threshold unexpectedly.
Understanding of FMLA Poster Requirement
booleanConfirm whether you understand that covered employers must display the DOL's official 'Employee Rights Under the Family and Medical Leave Act' poster (WHD Publication 1420) in a conspicuous location accessible to all employees and applicants.
COMMON MISTAKE: Assuming FMLA posting is optional if you have fewer than 50 employees at a single location — the 50-employee threshold is calculated across all locations within 75 miles, not per site.
FMLA Poster Downloaded
booleanConfirm whether you have downloaded the current official FMLA poster (WHD Publication 1420) directly from the U.S. Department of Labor Wage and Hour Division website at dol.gov/agencies/whd/posters — the poster is available at no government filing fee.
COMMON MISTAKE: Using an outdated version of the poster — the DOL updated WHD Publication 1420 in April 2016, and displaying a prior version is treated as non-compliance; always download fresh from dol.gov.
Poster Acquisition Method
selectSelect how you obtained the FMLA poster — acceptable methods include direct download from the DOL website, a printed copy from a licensed third-party labor law poster vendor, or a pre-printed all-in-one federal compliance poster set that includes the current WHD 1420 version.
COMMON MISTAKE: Obtaining the poster from an unofficial third-party website that may distribute outdated or incorrectly formatted versions — always cross-check the revision date printed on the poster footer against the DOL's current publication date.
Poster Display Location
textEnter the specific physical location where the poster is displayed — per 29 CFR § 825.300(a), it must be posted in a conspicuous place where employees and applicants for employment can readily see it, such as a break room, employee entrance, or time clock area.
COMMON MISTAKE: Listing a back-office or manager-only area — the DOL requires the poster to be visible to all employees and job applicants, so placement behind the bar, in a private office, or in a storage room does not satisfy the conspicuous placement standard.
Business Has Multiple Locations
booleanIndicate whether your business operates more than one physical location — if yes, a separate FMLA poster must be displayed at each establishment where employees report to work, regardless of whether each individual location meets the 50-employee threshold on its own.
COMMON MISTAKE: Assuming one poster at the main location covers all sites — the DOL requires per-location posting, and a DOL audit of a multi-location employer without posters at each site can result in fines applied separately per non-compliant location.
Number of Business Locations
numberEnter the exact count of physical business locations you operate — this number drives how many poster copies you need to display, since each location requires its own posted copy per 29 CFR § 825.300(a).
COMMON MISTAKE: Entering only locations where full-time staff are present and omitting seasonal or part-year locations — if employees work at a site during any period of the year, a poster must be present during those operating periods.
Poster Display Confirmed
booleanConfirm that the FMLA poster is currently physically posted at each required location — this checkbox documents your active compliance status and is the field ApronPrep uses to flag whether your FMLA posting obligation is fulfilled as of the date of record.
COMMON MISTAKE: Confirming display before actually verifying the physical poster is up and undamaged — DOL investigators have cited employers where posters were confirmed in records but were found covered, removed, or illegible during on-site inspections.
Poster Maintenance Plan
booleanConfirm that you have a plan to keep the posted FMLA notice legible, undamaged, and in place — the DOL requires the poster to remain 'readily visible,' meaning a faded, torn, or obscured poster is treated the same as no poster for enforcement purposes.
COMMON MISTAKE: Treating poster compliance as a one-time task — in high-traffic restaurant environments, posters are frequently damaged, removed, or covered by other notices, and no documented maintenance check increases your exposure during a DOL audit.
Monitoring for Poster Updates
booleanConfirm that you have a process to monitor the DOL Wage and Hour Division website or a compliance service for updates to WHD Publication 1420 — when the DOL revises the poster, employers must replace outdated versions promptly to maintain compliance.
COMMON MISTAKE: Assuming the poster never changes after initial download — the DOL has revised the FMLA poster following regulatory updates, and employers who fail to replace outdated versions face the same civil penalty exposure (up to $204 per violation per 29 CFR § 825.300) as those who never posted at all.
Skip the Paperwork on Your Family and Medical Leave Act (FMLA) Poster
ApronPrep auto-fills 8 of 10 fields from one compliance interview.
No credit card required
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Posting an Outdated Version of the FMLA Notice
Based on ApronPrep's analysis of Family and Medical Leave Act (FMLA) Poster applications, the single most common error is displaying a superseded version of the DOL's official FMLA poster rather than the current WH-1420 revision. The Department of Labor updated the required poster in 2023, and employers still displaying the pre-2023 version are technically out of compliance — exposing the business to a civil penalty of up to $204 per violation per the DOL's penalty schedule. To avoid this, download the current WH-1420 directly from dol.gov/whd/regs/compliance/posters/fmla.htm and check the revision date printed in the footer before posting.
2. Posting in a Location Employees Cannot Readily See
The FMLA (29 CFR § 825.300) requires the poster to be displayed in a 'conspicuous place where employees and applicants for employment can see it' — a break room storage closet or the back of a dry-storage door does not satisfy this standard. Inspectors have cited restaurants for posting the notice behind a door that is routinely left open, effectively hiding the text. Post the WH-1420 at eye level in your main employee area (e.g., the primary break room or time-clock wall), and if your workforce includes employees with limited English proficiency, the DOL requires you to post translated versions — available in 20+ languages at dol.gov.
3. Assuming the Poster Requirement Does Not Apply Because of Staff Size
Many restaurant owners incorrectly believe FMLA posting obligations only kick in once they personally hit 50 employees, so they skip the poster entirely during growth phases. In reality, the poster must be displayed by any employer covered by FMLA — coverage is determined by a 75-mile radius workforce count and whether you employed 50 or more employees for at least 20 workweeks in the current or preceding calendar year (29 USC § 2611). If you're near the 50-employee threshold or operate multiple locations within 75 miles of each other, post the notice and consult an employment attorney to confirm your coverage status — failing to post when covered carries penalties up to $204 per offense.
Timeline: Varies
Determine Your FMLA Poster Requirement
Check whether your restaurant is covered by FMLA: you must have 50+ employees within 75 miles of your worksite and have been in business for at least 12 months. If you meet these criteria, you are required to display the FMLA poster. If your restaurant has fewer than 50 employees, you are not covered — but posting the poster anyway is permitted and recommended for transparency.
Obtain the Official FMLA Poster from the Department of Labor
Download the FMLA poster directly from the U.S. Department of Labor website (dol.gov) — the official 2026 version is available as a PDF at no cost. You can also order a printed copy from the DOL by mail or phone (1-866-4-USDOL). The poster is 8.5" × 11" and must be printed in English; translations are available if you have a workforce speaking other languages.
Print and Prepare the Poster for Display
Print the poster on standard paper or cardstock and protect it in a plastic sleeve or laminate to prevent damage in your restaurant's humid environment (kitchens are high-moisture areas). Ensure the text is legible and the poster is not defaced, torn, or covered. The poster must remain readable and unobstructed.
Other Requirements You'll Need
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Application for Employer Identification Number
federal
Articles of Organization (LLC) or Articles of Incorporation (Corporation)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe FMLA poster itself is available immediately for download at no cost from the U.S. Department of Labor website — you do not submit an application or wait for approval. Once downloaded, you must display it in a conspicuous location where your employees can easily view it, typically within 1–2 business days of hire. There is no government processing timeline because this is a compliance display requirement, not a permitting process — contact the U.S. Department of Labor Wage and Hour Division to confirm current posting requirements.
There is no government filing fee for the FMLA poster — the U.S. Department of Labor provides it free of charge for download and printing. Your only cost is the paper and ink to print the poster, which typically runs $5–$15 depending on your printing method (home printer vs. professional print shop). Not legal advice — verify current posting requirements with the U.S. Department of Labor.
Yes, the FMLA poster is not location-specific — the same poster applies to all U.S. restaurant locations because FMLA is federal law. However, if you move to a new physical location, you must display a new printed copy in the new workplace within 1–2 business days of opening, and you should also update your City Business License/Registration and other local permits to reflect the new address. Contact your state labor agency to confirm whether additional state-specific labor law posters are required at the new location.
The FMLA poster does not expire and does not require renewal — once you download and display the current version from the U.S. Department of Labor website, it remains valid indefinitely. However, the Department of Labor updates the poster periodically (typically every 2–3 years when regulations change), and you should check the DOL website annually to ensure your posted version reflects current law. If the Department of Labor issues an updated poster, print and display the new version promptly — this is similar to maintaining compliance with ADA Compliance Self-Certification requirements, which also demand current documentation.
The FMLA poster is not subject to a separate government inspection — compliance is verified during Wage and Hour Division audits or in response to employee complaints, which occur randomly or after a worker files a claim. During these audits, Department of Labor investigators check that the poster is displayed in a location where all employees can see it (typically near the time clock or break room) and that it is the current version with legible text. If the poster is missing, outdated, or not clearly visible, the Department of Labor may issue a citation with penalties ranging from $100–$1,000 per violation per location — not legal advice, verify with the U.S. Department of Labor.
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.
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
This Form Is One of 60+ Requirements.
ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.