FMLA-62 — Posting and general notice requirements

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

May 17, 1995 FMLA-62

Dear
Name*,

Thank you for your letter of April 30, 1995, addressed to Secretary Robert Reich, which encloses
correspondence from
Name* about the Family and Medical Leave Act of 1993 (FMLA). Your letter plus
enclosures have been referred to the Wage and Hour Division of the U.S. Department of Labor for reply
as this office has primary administration and enforcement responsibility under FMLA for all private, state
and local government employees, and some Federal employees.

Name* expresses concern about the general notice requirements under FMLA for covered employers
who do not have any eligible employees. Specifically,
Name* cites a political subdivision, i.e., public
agency, which employs less than 50 employees. Pursuant to Section 101 of FMLA, public agencies are
covered employers regardless of the number of employees employed. Also under this section, FMLA
excludes from employee eligibility, any employee who is employed at a worksite where less than 50
employees are employed by the employer within 75 miles.

Section 109 of FMLA requires all covered employers to post " ... and keep posted in conspicuous places
on the premises of the employer where notices to employees and applicants for employment are
customarily posted ..." a notice of the Act's provisions and information concerning procedures for filing
complaints of violations. As the preamble to the final rule notes in the information provided by
Name*,
"FMLA imposes a statutory obligation on all covered employers to post the notice to employees informing
them of FMLA's provisions, regardless of whether the employer has any 'eligible' employees." This
section also notes that there is no authorized exception that relieves covered employers from this notice
requirement when they have no eligible employees. Consequently, the Department does not have, given
the current language of the statute, the option to waive the posting requirement as suggested by the
comments to the final rule and
Name*.

If I may be of further assistance, please do not hesitate to contact me.

Sincerely,

Daniel F. Sweeney
Deputy Assistant Administrator

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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