FMLA stands for Family And Medical Leave Act. When an employee goes on leave under the FMLA it becomes necessary to check such records properly. A company must process and keep all the FMLA records properly in case they are ever called into question. Such records can be used as documents if there is any dispute ever. Therefore, Employment Law Attorneys recommend all the companies for internal audits and maintain a proper recordkeeping practice. Keeping proper records shall keep the company on top of the game because the burden of establishing eligibility for FMLA leave is on the employer and not the employees. If the employers fail to produce documents then they may find themselves on the verge of losing a court case.
Various Recordkeeping Requirements As Per FMLA
- An employer can maintain the records in a soft copy or a hard copy. They are good as far as they contain all the prescribed guidelines and can be easily reviewed or copied for references.
- The records must contain all the data relating to the employee’s compensation. It must also contain the basic payroll of all the employees. This shall help the company to calculate its leave compensation easily.
- If the leave of the employee is of half-day or only for a few hours then it is necessary to document the number of hours taken as leave. This shall help correct the computation of all the leaves taken together.
- A company must keep records of all the written notices received by the employers and also keep a copy of the same. They must also do the same for all the written notices issued to the employers. They can maintain copies of notices in the employee’s personal files.
- In the case of medical leaves, the company must maintain a proper file of each employee separately to ensure privacy. The file must contain medical records, all the medical certificates, medical recertification and all the medical history of the employees or their family members. Every employee must have a separate file and if the ADA also applies to the employee’s situation then employers must follow rules regarding the confidentiality of medical records.
- The employers must also maintain certain general documentation that includes descriptions of employees’ benefits and policies. It must also contain practices regarding paid and unpaid leave. Moreover, it is also necessary to keep a record of all the premium payments made for employees’ benefits.
- There should also be proper documentation of records of any dispute between the employee and the employer regarding the designation of FMLA leave. It must also include any written statement from the employer or the employee regarding the reasons for the designation and for the disagreement.
- The employer must keep the record for not less than 3 years. And all the records must be available for inspection, copying and also transcription by representatives of the DOL.
- Last but not least, any reproductions of records must be clear and identifiable by date or the period of pay.
A company shall have the upper hand if it maintains all the records regarding leave properly. This shall help them easily win a court case and get through any legal problem.