• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Compensation

Important FMLA Recordkeeping Requirements HR Needs to Know

Carol Warner
By: Carol Warner
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: May 23, 2024
2 minute engagement

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.

Filed under
  • Compensation
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Get Employees to Play an Active Role in Preventing Harassment

Webinars

Boost and Maintain Your Learner Engagement

Webinars

Support Your D&I Initiatives with Virtual Hiring Events

Webinars

Workplace Compliance Trends for 2025

Provided by Paycom

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Compensation
  • Employment Law
Equal Pay Day Meets AI Reality: Here’s What HR Leaders Need to Know

Equal Pay Day on March 26 carries new weight for employers this year. It’s a day to bring awareness and legitimacy to the ongoing issue o...

  • Compensation
Is Commute Time Compensable? DOL Guidance for 3 Scenarios

Workplace flexibility is one of employees’ top demands for work-life balance, but it brings up some confusing situations. For exa...

  • Compensation
  • Payroll
Relief: IRS Adjusts 2 Due Dates for Semiweekly Depositors

The IRS recently issued updates affecting semiweekly tax depositors. Specifically, the Service pushed back two due dates for making depo...

  • Compensation
  • Payroll
Overtime & Joint Employment Clarity: New DOL Opinion Letter

Is your company a joint employer, subject to trickier overtime compliance issues? If you don’t ask that question, employees might do ...

  • Compensation
  • Payroll
IRS Revises Form 1099: Here’s a Quick Rundown of What’s New

After more than a year, the IRS has made changes to Form 1099-MISC, Miscellaneous Information, and Form 1099-NEC, Nonemployee Compensation....

  • Compensation
  • Payroll
IRS: No Last-Minute Changes to 2025 Form W-2 Due to OBBBA

The IRS announced it isn’t planning late-in the-game changes to tax year 2025 Forms W-2 and other payroll forms, such as the 941. ...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.