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Best Practices for FMLA Recordkeeping

OnDemand Webinar (94 minutes)

Ensure your FMLA recordkeeping is a major asset and not a fatal liability.Employers find FMLA compliance one of the most vexing problems in their compliance with the many employment laws providing employee workplace rights. And at the top of the FMLA problem list is assuring that they have the proper records for proving FMLA compliance. Employers need to assure that they have the right FMLA policies in place to provide for timely and appropriate FMLA recordkeeping. These include showing employees were provided an appropriate and lawful FMLA policy and documentation of every step of the process from employee inquiry, provision of the DOL's certification form (WH-380), follow up on deficiencies in the certification, FMLA decision documentation and all post-approval follow up. A failure to have the right FMLA records can lead to costly claims and make successful defense problematic. This topic is critical for employers to ensure their FMLA recordkeeping is a major asset and not a fatal liability.


Frank C. Morris Jr., Epstein Becker & Green, P.C.


Having a Fully Compliant Employer-Friendly FMLA Policy

• Employer FMLA Compliance Starts With a Compliant Policy

• Choosing Your FMLA Benefit Measuring Year

• Advising Employees What Documents Need to Be Submitted and When

Positively Documenting the FMLA Process

• Documenting Oral FMLA Requests - the Supervisor's Role

• Use of Appropriate U.S. DOL Forms and Proof of Timely Delivery to Employees

• Follow up on Incomplete or Sketchy FMLA Requests

Communicating and Documenting the Decision

• Timely Documenting a Response to FMLA Requests

• Unequivocally Documenting the Period of FMLA Leave and Return-to-Work Date

• Special Documentation Concerns - Intermittent FMLA Leave

• When Can the Employer Demand Recertification of the Need for FMLA?

• Documenting Benefit Issues During FMLA Leave

Special Problems

• Suspected FMLA Abuse and How to Document

• Notices to the Employee as Approved FMLA Comes to an End

• Accurate Recordkeeping of FMLA Leave Used

• Addressing Employee Failure to Pay Health Benefits Costs During FMLA

Increased FMLA Compliance Activities by the Biden DOL

• DOL Receives and Investigates FMLA Complaints

• DOL Can Audit an Employer's Multi-Year FMLA Compliance

• The Biden DOL Is Expected to Ramp up FMLA Enforcement - How to Prepare