Employers owe a set of workplace and benefit notices, each on its own timeline.
Some notices are posted on a wall, some are mailed to employees and some are due once a year, and missing one is a compliance finding even when the plan itself is sound.
The notices at a glance.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Workplace Postings
Federal and state labor posters, including minimum wage, family and medical leave where it applies, equal employment opportunity and military leave rights, plus Michigan’s earned sick time notice.
Plan Notices at Enrollment
The summary of benefits and coverage, the HIPAA special enrollment notice, the COBRA general notice and the Women’s Health and Cancer Rights Act notice.
Annual Notices
Medicare Part D creditable coverage notices before October 15 each year, the Children’s Health Insurance Program notice, and the annual Women’s Health and Cancer Rights Act reminder.
How it plays out.
Notices come from different laws and different agencies, which is why they are missed. Poster rules sit with the Department of Labor and the state; plan notices come from ERISA, the Affordable Care Act and the Public Health Service Act.
The COBRA general notice is due within 90 days of the start of coverage, and an election notice follows a qualifying event (29 U.S.C. 1166). Employers and plan administrators often split the responsibility, so it should be clear in writing who sends which notice.
The Medicare Part D notice has a fixed annual window: it must reach Medicare-eligible individuals before the October 15 start of the Medicare annual coordination period, so the calendar entry belongs in September at the latest.
Where this shows up in your plan.
The summary of benefits and coverage is the notice most closely tied to renewal. It is provided at enrollment, at renewal and on request, and a notice of changes is due ahead of a material modification, so renewal is the natural point to refresh it.
A summary of material modifications is required when a plan changes in a way that matters to participants, and it is easy to skip when a change is made at renewal by the carrier. Keep a log of every change with the date employees were told.
A single notice calendar kept by human resources and reviewed with the broker at each renewal is more reliable than relying on memory, and it makes the annual October notices routine.
Setting it up.
Build the Calendar
List each notice, who sends it, the deadline and the proof of delivery.
Refresh Posters Each Year
Replace workplace posters when federal or state rates and rules change.
Log Plan Changes
Record every change with the date participants were notified.
Keep Proof
Keep delivery records, since a notice is only as good as the ability to show it was sent.
Mistakes to avoid.
No Owner for Each Notice
When two parties each think the other sent it, nobody did.
Missing the October Window
The Medicare Part D notice has a hard annual deadline.
Old Posters
State rates and rules change, and posters go stale.
Other rules employers work with.
COBRA Law Notices and Timelines
The COBRA notice sequence in detail.
FMLA Notices and Medical Certification
Eligibility, designation and certification notices.
Michigan Employer Benefit Laws
The state and federal rules in one place.
FLSA Salary Threshold and Benefits Eligibility
Overtime exemptions and benefit class.
DOL Wage and Hour Audits and Benefit Plans
What a wage and hour investigation asks for.
Form I-9, E-Verify and Benefits Eligibility
Hiring-day verification and onboarding.
Non-Compete Agreements and Employee Benefits
Covenants, severance and continued coverage.
Pay Equity, Pay Discussions and Benefits
Equal pay, pay discussions and benefits as pay.
Remote and Hybrid Employees: Benefits and Employment Law
Time, leave, accommodation and eligibility for remote staff.
Laws and Rules Referenced
COBRA notices, 29 U.S.C. 1166 — General notice, election notice and timing.
Women’s Health and Cancer Rights Act, 29 U.S.C. 1185b — Notice of coverage for reconstruction after a mastectomy.
Department of Labor, Workplace Posters — Federal labor posters and where to get them.
Michigan Department of Labor and Economic Opportunity, Wage and Hour — State posters and guidance, including earned sick time.
Quick answers.
Short answers to what employers ask most. This is general information, not legal or tax advice.
When is the COBRA general notice due?
Within 90 days of the start of coverage under the plan.
When must the Medicare Part D notice be sent?
Before October 15 each year to Medicare-eligible individuals who are covered by the plan.
Who sends plan notices?
It depends on the plan and its documents. Decide in writing whether the employer, the carrier or an administrator sends each one.
Do notices have to be on paper?
Rules differ by notice. Electronic delivery is permitted for some notices under conditions, so check the rule for each one.
Is a poster enough for sick time?
Michigan’s earned sick time law has its own notice and recordkeeping rules, so follow the state guidance.
More employment law guides for Michigan employers.
Harassment and Discrimination Rules for Michigan Employers
Employer duties and the benefit-plan questions that follow.
ADA and Religious Accommodations for Michigan Employers
Employer duties and the benefit-plan questions that follow.
Independent Contractor and Joint Employer Classification Guide
Employer duties and the benefit-plan questions that follow.
Employee Handbooks and Arbitration Agreements Michigan Guide
Employer duties and the benefit-plan questions that follow.
Reductions in Force, WARN Act and Benefits Continuation
Employer duties and the benefit-plan questions that follow.
Whistleblower and Retaliation Protections for Michigan Employers
Employer duties and the benefit-plan questions that follow.
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