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While the WFMLA requires employers to post notices of the employees' rights under the WFMLA, the WFMLA does not require employers to verbally inform employees of their rights under the WFMLA. An employer does not violate the WFMLA by erroneously requiring an employee to complete a form when the employee is not prejudiced by that requirement. Soulek v. Costco Wholesale (ALJ Decision, 04/15/2020), aff'd sub nom. Soulek v. Dept. of Workforce Dev., Equal Rights Div. (Brown Co. Cir. Ct. 03/03/2021).
The notice-posting provision in the Family and Medical Leave Act requires an employer to post a notice in a conspicuous location where employee notices are customarily posted, but it does not require an employer to ensure that every employee actually reads the notice. Muck v. Humana Employers Health Ins. (ALJ Decision, 07/27/03).
The Respondent’s posting of the Family and Medical Leave Act notice met the requirements of the law when it posted the notice in a common break room shared by employees from all areas of the building. The fact that the Complainant may not have chosen to read the notices posted on the bulletin board was not the Respondent’s failing, but the Complainant’s. Therefore, the statute of limitations was not tolled. Javenkoski v. DOT (Wis. Pers. Comm'n, 08/28/00).
The Wisconsin Family and Medical Leave Act requires employers to post readily visible notices in a place where employees could reasonably expect notices to be placed. In-Sink-Erator v. DILHR, 200 Wis. 2d 770, 547 N.W.2d 792 (Ct. App. 1996).
The Complainant did not have standing to raise the issue of the employer's failure to post notice of the Family and Medical Leave Act because the Complainant knew his rights and was not prejudiced in any way by the employer's failure to post the notice. Zuech v. DILHR (Eau Claire Co. Cir. Ct., 07/02/93).
Where the employer did not post the required notice under sec. 103.10(14)(a), Stats., a general admission by the employees that they gained knowledge of the Act is not an admission that they specifically knew of the 30- day time limit claim provision. Sch. Dist. of River Falls v. DILHR (Pierce Co. Cir. Ct., 10/03/91).