Notice of Eligibility and Rights & Responsibilities (FMLA) Poster (2026)
Without this notice posted where your employees can see it, you face Department of Labor penalties and expose your restaurant to wage claims—even if you comply with FMLA in practice. The Notice of Eligibility and Rights & Responsibilities (FMLA) Poster, required by the U.S. Department of Labor under the Family and Medical Leave Act, informs eligible employees of their leave entitlements and employer obligations (also called the WH-381 notice). Key facts:
- 11 fields — ApronPrep auto-fills 9
- No government filing fees
- Varies on posting deadline (typically before first eligible employee)
Analyzed from Notice of Eligibility and Rights & Responsibilities (FMLA) Poster
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Why You Need a Notice of Eligibility and Rights & Responsibilities (FMLA) Poster
The Notice of Eligibility and Rights & Responsibilities (FMLA) is mandated under the federal Family and Medical Leave Act, specifically 29 U.S.C. § 2619 and its implementing regulation 29 C.F.R. § 825.300. The U.S. Department of Labor's Wage and Hour Division (WHD) enforces this requirement. Covered employers — those with 50 or more employees within a 75-mile radius — must conspicuously post the approved WHD poster (Form WH-1420) in the workplace and, when an employee requests FMLA leave or the employer becomes aware of a potentially FMLA-qualifying reason, must provide written notice of eligibility within 5 business days. Failure to post or notify on time is not a technicality the WHD overlooks; it directly affects whether an employee's leave can be legally designated as FMLA leave at all.
Operating without proper FMLA notice in place exposes your restaurant to a range of serious consequences that compound quickly:
- Civil monetary penalties — The WHD may assess penalties for willful posting violations; contact the WHD or consult legal counsel to confirm current penalty amounts, as the DOL periodically adjusts civil money penalty caps under the Federal Civil Penalties Inflation Adjustment Act.
- Private employee lawsuits — An employee denied proper notice can sue for damages including lost wages, benefits, and attorney's fees under 29 U.S.C. § 2617; courts have awarded liquidated (double) damages in willful cases.
- Cease-and-desist orders — WHD investigators can issue corrective action directives requiring immediate compliance, and repeat violations escalate to formal enforcement actions.
- Insurance and lease implications — General liability and employment practices liability (EPL) policies frequently exclude claims arising from documented non-compliance with federal posting mandates; a landlord operating a shared-space or franchise agreement may also cite federal labor law violations as grounds for lease review.
- Retroactive leave reinstatement risk — If an employee was not properly notified, a court may rule their absences cannot be counted against FMLA entitlement, leaving you with no ability to discipline for those absences.
Not legal advice — verify current penalty amounts and coverage thresholds with the U.S. Department of Labor Wage and Hour Division or qualified employment counsel.
Legal code: 29 CFR § 825.300; 29 USC § 2619
Recent update: As of 2023, the DOL updated the mandatory FMLA poster (Form WH-1420) to reflect revised guidance on employee rights — employers must replace any older version with the current poster, available on the WHD website, to remain in compliance; contact the Wage and Hour Division at dol.gov/agencies/whd to confirm you are displaying the most current approved version.
Who Needs a Notice of Eligibility and Rights & Responsibilities (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Full-service restaurants with 50 or more employees within 75 miles must provide the FMLA Notice of Eligibility (Form WH-381) within 5 business days of a leave request, as required under 29 C.F.R. § 825.300(b). |
| Bar / Nightclub | Required | Bars and nightclubs that employ 50 or more employees (including part-time staff counted under the FMLA's hours-of-service threshold) are covered employers under 29 U.S.C. § 2611(4) and must issue Form WH-381 upon any qualifying leave request. |
| Food Truck | Not Required | Most food truck operations employ fewer than 50 employees and therefore fall below the covered-employer threshold under 29 U.S.C. § 2611(4)(A); operators should confirm their total headcount across all locations within 75 miles before assuming exemption. |
| Coffee Shop / Café | Required | Multi-location coffee shop groups that collectively employ 50 or more employees within a 75-mile radius meet the covered-employer definition under 29 C.F.R. § 825.104 and must distribute Form WH-381 within 5 business days of a leave request. |
See which restaurant types need this requirement — and which don't.
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Top 5 Notice of Eligibility and Rights & Responsibilities (FMLA) Poster Mistakes
1. Issuing the Notice Late or Not at All
Based on ApronPrep's analysis of Notice of Eligibility and Rights & Responsibilities (FMLA) Poster applications, the most common mistake is failing to deliver the notice within the required 5 business days of learning an employee may need FMLA-qualifying leave — or skipping it entirely when leave doesn't seem 'official.' Under 29 C.F.R. § 825.300(b), the 5-day clock starts when you have reason to believe FMLA may apply, not when the employee formally requests it. Missing this window can expose the restaurant to interference claims under the FMLA, with potential liability including back pay, liquidated damages, and attorney fees.
2. Leaving the 'Eligibility Determination' Section Incomplete
Employers frequently check 'eligible' without verifying the employee actually meets all three criteria: 12 months of employment, 1,250 hours worked in the past 12 months, and employment at a location with 50+ employees within 75 miles. For example, a part-time cook hired 14 months ago may fall short of the 1,250-hour threshold — marking them eligible anyway creates legal exposure if the leave is later disputed. Always pull timekeeping records before completing this section and document your calculation in the employee's file.
3. Failing to Specify the Reason for Ineligibility
When an employee is not eligible, the form requires employers to check the specific reason — yet many simply mark 'not eligible' and return the form unsigned and unexplained. Under 29 C.F.R. § 825.300(b)(1), you must indicate which eligibility criterion is not met (e.g., 'has not worked 1,250 hours in the past 12 months'). Omitting this detail can be treated as an incomplete notice, effectively restarting the 5-day clock and adding days to your compliance timeline while increasing audit risk.
Timeline: Varies
Determine Your Posting Obligation
Confirm whether your restaurant is covered under the Family and Medical Leave Act (FMLA). FMLA applies to employers with 50+ employees within 75 miles of a worksite. Review your current headcount and location — if you meet the threshold, you are legally required to display the poster. This determination typically takes 15–30 minutes and requires your current payroll records.
Obtain the Official FMLA Poster from the U.S. Department of Labor
Download the Notice of Eligibility and Rights & Responsibilities poster directly from the U.S. Department of Labor Wage and Hour Division website (dol.gov/agencies/whd). The poster is available as a free PDF in English and Spanish. Print a copy on standard 8.5" × 11" paper or order a pre-printed physical poster from the DOL. No registration or application is required — access is immediate.
Customize with Restaurant-Specific Contact Information (If Required)
Verify whether your state or local jurisdiction requires you to add restaurant-specific contact details (such as HR contact name, phone number, or employee benefits portal URL) to the federal poster. Some states mandate supplemental posting information. Contact your state labor department or consult your employment attorney if unsure. This step typically takes 15–30 minutes if customization is required.
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 Notice of Eligibility and Rights & Responsibilities (FMLA) Poster is not a permit or license that requires processing time — it is a required workplace notice that you must post immediately upon hiring covered employees. Per the U.S. Department of Labor, the poster must be displayed before employees begin work, and there is no government approval or waiting period. You can download and print the poster from the Department of Labor website at no cost, then post it in a conspicuous location accessible to all employees.
There is no government filing fee to obtain or post the FMLA Notice of Eligibility and Rights & Responsibilities poster. The Department of Labor provides the poster free for download from its website. However, you may incur costs to print and laminate the poster for durability in your workplace. Not legal advice — contact the U.S. Department of Labor Wage and Hour Division to confirm current requirements.
Yes, the FMLA poster requirement follows your business, not a specific location — you must post the notice at every workplace location where you have covered employees. If you relocate your restaurant or open a new location, you are required to display the poster in the same conspicuous manner at the new address. Related requirements like your City Business License/Registration and Certificate of Occupancy are location-specific, but the FMLA poster requirement travels with your employment relationship.
The FMLA poster does not require renewal — once posted, it remains in effect as long as you employ covered workers. However, the U.S. Department of Labor periodically updates the poster language to reflect regulatory changes, so you should check the Department of Labor website annually for updated versions. If a new version is issued, replace your old poster promptly to ensure compliance with current notice requirements.
The FMLA poster is not inspected as a separate requirement — instead, it is reviewed as part of a Department of Labor Wage and Hour Division audit or complaint investigation. During an inspection, investigators will verify that the poster is posted visibly and legibly in a location accessible to all employees who are subject to FMLA (typically those working for employers with 50+ employees within 75 miles). Failure to post the notice can result in civil penalties of up to $170 per violation, per the Fair Labor Standards Act. Ensuring compliance with related workplace postings, such as your E-Verify Enrollment requirements, will strengthen your overall compliance posture.
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.
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