Employers should periodically conduct internal audits of their Family and Medical Leave Act (FMLA) policies and practices to ensure they are legally compliant. It is especially important now because the US Department of Labor FMLA enforcement branch has renewed its emphasis on conducting on-site FMLA compliance investigations.
Three essential components of an internal audit are:
1. Knowing the law
For employers with 50 or more employees, the FMLA may require that the employer provide eligible employees up to 12 weeks of unpaid, job-protected leave for family care or medical reasons. Covered employers should know FMLA leave eligibility and notice responsibilities, include FMLA information in employee handbooks, and ensure their FMLA leave policies are consistent with current state and federal regulations.
2. Keeping updated employee records and FMLA documents
Employers are required to keep FMLA records for each employee for at least three years. FMLA regulations require employers to maintain records showing:
- Basic payroll identifying information
- Dates FMLA leave and the amount of FMLA time taken
- Copies of all FMLA notices and forms given to and received from employees
- Employer policies and practices regarding the taking of paid and unpaid leave
- Premium payments for employee benefits
- Records related to disputes regarding designation of leave as FMLA leave
Medical certification forms must be treated as confidential records and stored separately from regular personnel files. Employers are also required to display the US DOL’s FMLA Poster in a conspicuous place where employees and applicants can view it.
3. Being Prepared for an FMLA Investigation
The US DOL Wage and Hour Division (WHD) is responsible for enforcing the FMLA. An investigator may notify an employer of a pending investigation but is not required to do so. A typical investigation consists of:
- An investigative conference
- Records review
- Employee interviews
- Final conference with employer and communicating results of investigation
- Committing the employer to corrective action if violations have occurred
More information about FMLA is available from the US DOL here. More information about WHD visits can be found here.