It’s important to check recordkeeping processes when an employee goes on leave under FMLA. This will be helpful if any issues arise.
The Basics of FMLA Recordkeeping
It’s recommended that FMLA recordkeeping audits be conducted periodically to ensure records meet compliance. FMLA records must be retained for a minimum of three years. HR is free to choose how these records are filed—electronically or in hard copies—but they must be easily accessible if requested by the DOL.
Also, it is important to note that within 12 months, the DOL can only request records once unless there is a legitimate reason to do so. Legitimate reasons to request records more than once would be if there is a complaint being investigated.
A Checklist for HR Recordkeeping
It’s required that HR maintains these records when an employee takes FMLA leave:
- Basic payroll and identifying employee data (name, address, and occupation)
- Dates of FMLA leave taken by an employee, including hours if the leave was taken in increments less than a full day
- All notices provided by employees and employers about the FMLA
- The company’s leave policies
- Information about premium payments for employee benefits
- Records of any dispute between an employee and the employer relating to FMLA leave
Additionally, any documentation related to FMLA medical certifications and recertification must be kept confidential and stored in separate files. Although confidential, these records can be released to supervisors, managers, first aid personnel, and investigating government officials if necessary.