Important FMLA Recordkeeping Requirements HR Needs to Know

When an employee goes on leave under the Family and Medical Leave Act (FMLA), it can pay to double-check that your recordkeeping processes are up to snuff, in case your administration processes are ever called into question.

Employment law attorneys recommend periodic internal audits of all recordkeeping practices. That way, if there’s ever a dispute, you’ll be able to produce the required documentation — not to mention stay in compliance with federal laws.

FMLA recordkeeping basics

The good news is, you have a bit of flexibility here. You can maintain the records as you see fit (i.e., hard copies or electronic records) but they must be capable of being reviewed or copied.

FMLA records must be retained for at least three years. There is no filing or submission requirement, but the records must be made available if the DOL requests them. Generally, the DOL cannot request records more than once in a 12-month period — unless the agency:

• has reasonable cause to believe an FMLA violation exists, or
• is investigating a complaint.

HR’s recordkeeping checklist

So what exactly do you need to keep? Under the law’s recordkeeping requirements, covered employers must maintain the following records when eligible employees take FMLA leave:

• Basic payroll and identifying employee data, including name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.
• Dates that eligible employees took FMLA leave (e.g., available from time records, requests for leave, etc., if so designated).
• Hours when the leave was taken in increments less than a full day.
• All notices provided by employees and employers about the FMLA, such as a completed documentation form
• The company’s leave policies
• Information about premium payments for employee benefits, and
• Records of any dispute between an employee and the employer relating to FMLA leave.

One important note: Documentation related to FMLA medical certifications and recertification must be kept confidential by employers. The records must be stored in separate files from the usual personnel files. These records can be released, when appropriate, to supervisors, managers, first aid and safety personnel, and investigating government officials.