Send FMLA forms to ‘ineligible’ employees?
A. Yes, when the employee requests FMLA leave or you have knowledge that the leave may be covered under the FMLA, you must advise the employee within five business days (either orally or in writing) of whether she is eligible for FMLA leave.
If you determine that she is not eligible, then you need to provide at least one reason for your conclusion. In this case, the notice would state that she is not eligible because she has not been employed for at least 12 months.