Checklist: Employer Compliance with FMLA
____ 1. Employer is covered by the FLMA.
Employer is:
____ a. Engaged in interstate commerce, or in an industry or activity affecting interstate commerce.
____ b. Employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the year in which leave is being sought or in the year before leave is sought.
____ c. Public employers (federal, state and local government) are included as are the United States Postal Service and the United States Postal Rate Commission.
____ 2. Supervisors have been informed about FMLA requirements.
Supervisors know:
____ a. When FMLA leave may be taken.
____ b. A leave request cannot be denied because it is not written.
____ c. Leave may be covered by the FMLA even if not requested as FMLA leave.
____ d. No matter how disruptive FMLA may be to a business, no adverse action may be taken against an employee because the employee takes FMLA leave.
____ 3. Posting and recordkeeping requirements have been met.
____ a. Recordkeeping:
____ Items required:
____ Basic payroll and identifying employee data.
____ Dates FMLA leave is taken by employees.
____ Hours of leave, if less than full day of leave is taken.
____ Copies of employee requests for leave.
____ Copies of notices given to employees requesting leave.
____ Documents describing employee benefits or employer policies and practices regarding FMLA leave.
____ Premium payments of employee benefits.
____ Records of any disputes regarding FMLA leave.
____ Records relating to medical certification, recertification or medical histories or employees or their family members must be maintained in separate files/records and be treated as confidential medical records.
____ Records must be preserved for three years.
____ b. Posting:
____ All covered employers must display notice describing the FMLA and providing information on how to file a charge with the Wage and Hour Division of the Department of Labor.
____ Poster must be displayed at all worksites of covered employer, even those with fewer than 50 employees within 75 miles.
____ Employers may produce their own poster or use the one prepared by the Wage and Hour Division.
____ Willful failure to post will subject an employer to a fine of up to $100 per offense.
____ c. Notices:
____ If the employer has a handbook, FMLA information must be included in the handbook.
____ If the employer has no handbook, another method of furnishing information about FMLA entitlement and obligations must be used.
____ A fact sheet of information is available for the Wage and Hour Division.
____ 4. Employee is eligible for FMLA leave.
Employee:
____ Works for an employer that employs 50 or more workers within 75 miles of the site where the employee works.
____ Worked for the employer from whom leave is being taken for at least 12 months before requesting leave (the 12 months need not be consecutive months).
____ Worked at least 1,250 hours during the 12-month period of employment.
____ Has taken less than 12 weeks of leave in the past 12-month period for family and/or medical reasons.
____ 5. Employee is requesting leave covered by the FMLA.
Leave has been requested for:
____ The birth of a child of the employee.
____ The placement of a child with the employee for adoption or foster care.
____ The serious health condition of a member of the employee's family.
____ The employee's own serious health condition.
____ 6. Procedural requirements have been followed.
____ a. Employee has provided notice of the need for leave to the employer in advance where possible.
____ b. If requested, certification of the need for leave has been provided.
____ c. Employer has provided employee with a statement about the employee's FMLA rights and obligations.
____ a) DOL Fact Sheet (No. ESA93-24).
-OR-
____ a) [Organization Name]'s own response form.
____ 7. Employee has FMLA leave time available.
____ a. Employees are allowed 12 workweeks of leave in a 12-month period.
____ Employee who works five-day week gets 60 days leave.
____ Employee who works four-day week gets 48 days leave.
____ b. Leave may be taken:
____ In full.
____ Intermittently.
____ On a reduced-leave schedule.
____ 8. Financial arrangements are completed.
____ Leave will be unpaid.
____ Leave will be paid.
____ Employee will use accrued paid leave.
____ 9. Benefits are being provided during FMLA leaveand premiums paid.
____ Employee has been informed that if he or she chooses not to return to work at the expiration of leave, [Organization Name] may recover any premiums paid to maintain the employee's health plan during FMLA leave.
____ 10. Reinstatement at the end of leave.
____ a. When FMLA leave ends, employee will be returned to the position he or she left to take leave or to an equivalent position with like pay, benefits, and terms and conditions of employment.
____ b. Employee is highly compensated employee and has been informed that he or she will not be reinstated to his or her position if:
____ a) Denial is necessary to prevent substantial and grievous economic injury to [Organization Name]'s operations.
____ b) The employee is notified of the [Organization Name]'s intent to deny restoration at the time that [Organization Name] determines that injury would occur.
____ c) In the case of an employee already on leave, the employee elects not to cut his or her leave short and return to work within a reasonable time.
____ 11. [Organization Name] has FMLA rules posted.
Employers must post a notice prepared by or approved by the Secretary of Labor and containing excerpts or summaries of pertinent provisions of the FMLA, including how to file charges that the FMLA has been violated, in a conspicuous location in the workplace--the same place where notices to employees and applicants for employment are usually posted.
A willful failure to post the notice may result in a fine of up to $100 for each offense.
____ 12. [Organization Name] has reviewed state leave laws.
Where state family, medical leave or parental leave law is more generous to the employee, state law governs.
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