Best Practices for FMLA Record-Keeping
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Don't overlook the importance of recordkeeping for FMLA compliance.Many employers are faced with employee leave issues and may find it difficult in recognizing and dealing with issues that arise under the Family and Medical Leave Act. Employers may not realize that the FMLA contains very specific requirements on notifying employees of their FMLA rights, when to provide notice and what information can be requested from an employee who seeks leave under the FMLA. This topic will help employers deal with these complex issues by focusing on appropriate record-keeping practices under the FMLA. The material will explain when and how an appropriate notice of FMLA rights is required, how to request a certification of a health care provider from and employee, how to deal with incomplete certifications, and the use of job descriptions and attendance policies in dealing with FMLA leave issues. This information is critical for employers who deal with employees seeking FMLA leave and understanding how the use of certain documentation can help in handling such situations.
AuthorsWayne E. Pinkstone, Fox Rothschild LLP
When and How to Provide FMLA-Required Notices
• In What Situations Is an Employer Required to Give Notice?
• If Required, How Should the Notice Be Provided?
• What Information Should the Notice Contain?
Get the Most out of Certifications of Health Care Providers
• When and Why Should the Certification Be Used?
• What to Do With Confusing or Incomplete Certifications
• Using the Re-Certification Process to Reduce FMLA Abuse
Other Recordkeeping Tips
• The Use of Job Descriptions
• Drafting and Enforcing Attendance Policies
• Keeping Your FMLA-Related Documents
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