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Tip Tuesday: Reviewing Your FMLA Checklist

June 16, 2020

Employers need to periodically review their Family and Medical Leave Act (FMLA) process to ensure they are complying with the latest U.S. Department of Labor (DOL) regulations.

Below is an FMLA Checklist that organizations should consider when reviewing their policies:

  1. Do you have an updated FMLA policy in your employee handbook and FMLA forms to comply with FMLA regulations?
  2. Do you have an FMLA packet to give employees which includes a notice of employee's eligibility and rights and responsibilities under FMLA, the FMLA designation notice, medical certification forms for health care providers, and the company's fitness-for-duty certification for when an employee wishes to return to work after taking FMLA leave?
  3. Do you prominently display the DOL's current FMLA poster where employees and applicants can see it?
  4. Do you maintain separate complete files for all workers who have requested or taken FMLA leave in the past three years, including dates of any FMLA leaves and copies of all correspondence, notices, certifications, benefits documents and disputes relating to such leave? 
  5. Have you trained managers to recognize when absences or leave requests have FMLA implications?
  6. Do you have an attendance policy that complies with the Americans with Disabilities Act (ADA) and FMLA?