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.
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.
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:
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.
