Checklist: FMLA Compliance

The Family and Medical Leave Act (FMLA) allows eligible workers to take unpaid, job-protected leave for certain family and medical situations. However, FMLA compliance can be complicated for employers. There are many details to consider, such as eligibility criteria and notice requirements. Not following these rules can threaten employee rights. It can also lead to legal issues and penalties for your organization. We have created a Checklist: FMLA Compliance that simplifies the process for employers. Using this checklist will empower you to uphold your employees' rights and create a supportive workplace.

FMLA Compliance Checklist

1. Eligibility Determination
   
   • [ ]  Verify that the employee meets the eligibility requirements (worked at least 1,250 hours in the past 12 months, and employed at the company for at least 12 months).
   • [ ]  Confirm that the company has 50 or more employees within a 75-mile radius.
2. Leave Notification
   
   • [ ]  Provide employees with information on their FMLA rights and responsibilities.
   • [ ]  Ensure that the FMLA Notice of Eligibility and Rights & Responsibilities form is provided to the employee within 5 business days of their leave request.
3. Certification and Documentation
   
   • [ ]  Request appropriate medical certification from the employee's healthcare provider within 15 calendar days.
   • [ ]  Review and verify the medical certification to ensure it meets FMLA requirements.
   • [ ]  Maintain accurate records of all FMLA certifications and documentation.
4. Leave Tracking
   
   • [ ]  Track FMLA leave usage to ensure compliance with the 12-week (or 26 weeks for military caregiver leave) entitlement.
   • [ ]  Maintain a record of FMLA leave taken, including the dates and hours of leave used.
5. Job Protection
   
   • [ ]  Ensure that the employee's job is protected during their FMLA leave.
   • [ ]  Guarantee that the employee is reinstated to the same or an equivalent position upon return from FMLA leave.
6. Benefits Maintenance
   
   • [ ]  Continue to provide the same health benefits to employees on FMLA leave as if they were actively working.
   • [ ]  Notify employees of any changes in benefits or contributions during their leave.
7. Employee Communication
   
   • [ ]  Communicate with employees regarding their FMLA leave status and any necessary updates or documentation.
   • [ ]  Provide periodic updates to employees about their job status and any return-to-work expectations.
8. FMLA Policy Review
   
   • [ ]  Review and update the organization’s FMLA policy regularly to ensure compliance with federal and state regulations.
   • [ ]  Train HR staff and management on FMLA policies and procedures.
9. Record Keeping
   Maintain records of FMLA leave for at least 3 years, including notices, medical certifications, and leave tracking documents.
10. State-Specific Requirements
    Check for and comply with any state-specific FMLA requirements or regulations that may exceed federal requirements.

Notification and Documentation

Compliance with FMLA mandates proper notification and record-keeping. Organizations must adhere to the following guidelines:

1. Employee Notice: Employees are required to provide their employer with a minimum of 30 days' notice when the need for leave is foreseeable. If the leave is not foreseeable, as in cases of emergencies, employees should notify their employer as soon as practicable.
2. Employer Response: Upon receiving a leave request, employers must provide a written notification to employees indicating their eligibility status and outlining their rights and responsibilities.
3. Medical Certification: Employers may require medical certification to confirm the need for leave based on a serious health condition. The employer must provide a reasonable timeframe for employees to submit the medical documentation.

Job Protection and Benefits During Leave

Under FMLA, employees are entitled to job protection during their leave. This aspect of compliance includes:

1. Restoration to Position: Employees returning from FMLA leave must be reinstated to their original job or an equivalent position with the same pay, benefits, and working conditions.
2. Continuation of Benefits: Employers must maintain group health insurance coverage for employees on FMLA leave under the same conditions as if the employee had continued to work.
3. Job Protections Against Discrimination: Organizations are prohibited from retaliating against employees for exercising their rights under FMLA, including taking leave or filing a complaint regarding compliance issues.

Best Practices for FMLA Compliance

To navigate FMLA requirements effectively, organizations should consider implementing the following best practices:

1. Develop Clear Policies: Create comprehensive FMLA policies that are easily accessible to all employees. The policy should outline the process for requesting leave, eligibility criteria, and the rights and responsibilities of employees and employers.
2. Training and Communication: Conduct regular training for HR professionals and management to ensure an understanding of FMLA regulations and effectively communicate the policies to all employees.
3. Documentation and Record-Keeping: Maintain accurate records of FMLA requests, medical certifications, and leave taken. Proper documentation can protect organizations in the event of disputes or audits.
4. Stay Informed of Legal Changes: Stay abreast of any changes to FMLA regulations and related employment laws, which may impact compliance and organizational policies.

Conclusion

By complying with FMLA, HR professionals can protect their company from legal issues. It also creates a supportive environment for employees. The checklist provided in this article is a crucial tool for your HR team. Use it to systematically review your policies and procedures, ensuring they meet FMLA requirements.