The Essential Guide to Family & Medical Leave

chapter 7 | Giving Notice and Designating Leave | 133
Information That Must Be in an Individualized FMLA Notice
The individualized notice must explain:
• that the leave will be subtracted
from the employee’s available
FMLA leave
• that the employee has to submit
medical certification of a serious
health condition, if your company
requires it
• the consequences if the employee
fails to submit medical certification
• that the employee has the right to
substitute paid leave for FMLA leave
(if that is your company’s policy),
and that the leave is still subtracted
from available FMLA leave
• that your company will require the
employee to substitute paid leave for
FMLA leave (if that is your company’s
policy), and that the leave is still
subtracted from available FMLA leave
• any conditions related to the
substitution of paid leave under your
company’s policies (for example,
that paid sick leave can be used
only for the employee’s own serious
health condition)
• that the employee has to make
premium payments during leave to
maintain health benefits, if that is
your company’s policy
• the arrangements for the employee
to make health insurance premium
payments, if required
• the consequences of the employee’s
failure to make timely health
insurance premium payments (for
example, loss of the benefit)
• that the employee must submit a
“fitness-for-duty” certificate to return
to work, if that is your company’s
policy
• whether the employee is a “key
employee” and, if so, the possibility
that return to work may be denied
following leave (see Chapter 10)
• the conditions under which a “key
employee” will be denied a return to
work (see Chapter 10)
• that if the employee isn’t a key
employee, the employee has the right
to return to the same or equivalent
job after the FMLA leave ends
• that if the employee fails to return
to work after FMLA leave ends, the
employee may be liable for payment
of health insurance premiums
normally paid by your company, and
• any other action by the employee
that your company requires (such as
periodic reports of the employee’s
status).