Seven FMLA Recordkeeping Requirements Employers Should Be Aware Of

The Family Medical Leave Act (FMLA) provides that employers shall preserve records in accordance with the recordkeeping requirements of the Fair Labor Standards Act (FLSA) and FMLA regulations. The FMLA also authorizes the Department of Labor (DOL) to require any employer to submit books or records not more than once during any 12-month period unless the Department has reasonable cause to believe a violation exists or a complaint is currently being investigated.

No particular order or form of records is required. However, employers must keep the records specified by these regulations for no less than three years and make them available for inspection by representatives of the DOL upon request.

In particular, these records must disclose the following:

1. Basic payroll and identifying employee data, including name, address, occupation, rate or basis of pay, terms of compensation, daily or weekly hours worked per pay period, additions to or deductions from wages, and total compensation paid.
2. Dates FMLA leave is taken by FMLA-eligible employees.
3. If FMLA leave is taken by eligible employees in increments of less than one full day, the hours of the leave.
4. Copies of employee notices of leave furnished to the employer under FMLA if in writing, and copies of all general and specific written notices given to employees as required under the FMLA.
5. Any documents (including written and electronic records) describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.
6. Prepayments of employee benefits.
7. Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.

In addition, records and documents relating to medical certifications, recertifications, or medical histories of employees or employees' family members, created for purposes of the FMLA, shall be maintained as confidential medical records in separate files from the usual personnel files, and if the Americans with Disabilities Act (ADA) is also applicable, such records shall be maintained in conformance with ADA and the Health Insurance Portability and Accountability Act (HIPAA) requirements.

Comments

[Personal Health Records]

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[dolly]

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