(a) Every employer covered by the FMLA is required to post and keep
posted on its premises, in conspicuous places where employees are
employed, whether or not it has any ``eligible'' employees, a notice
explaining the Act's provisions and providing information concerning the
procedures for filing complaints of violations of the Act with the Wage
and Hour Division. The notice must be posted prominently where it can be
readily seen by employees and applicants for employment. Employers may
duplicate the text of the notice contained in Appendix C of this part,
or copies of the required notice may be obtained from local offices of
the Wage and Hour Division. The poster and the text must be large enough
to be easily read and contain fully legible text.
(b) An employer that willfully violates the posting requirement may
be assessed a civil money penalty by the Wage and Hour Division not to
exceed $100 for each separate offense. Furthermore, an employer that
fails to post the required notice cannot take any adverse action against
an employee, including denying FMLA leave, for failing to furnish the
employer with advance notice of a need to take FMLA leave.
(c) Where an employer's workforce is comprised of a significant
portion of workers who are not literate in English, the employer shall
be responsible for providing the notice in a language in which the
employees are literate.
