FMLA Checklist |

General Issues:

Do you have a medical leave of absence policy?
If you have an employee handbook or other benefit book, does it contain your medical leave of absence policy and the FMLA General Notice?

Is one person or one department responsible for:

Administering family and medical leave?
Reviewing your family and medical leave of absence policy at least annually?
When you have a question regarding the need for a medical or family leave of absence, do you avoid referring the medical issues to a physician who is routinely used by you?

Legal Issues:

Have you determined whether FMLA applies to your company? (29 USC 2611; 29 CFR 825.104)

Have you considered:

Whether your company and related entities should be treated as one employer for purposes of coverage of the FMLA? (29 CFR 825.106 and 107)
Whether you have any joint employer relationships that require special consideration under the FMLA? (29 CFR 825.106)
Whether there is a state law that is more generous to the employees than the federal FMLA? (29 CFR 825.701)
Do you lease any employees from a leasing company, which may cause FMLA to apply to your company? (29 CFR 825.106)

Do you maintain:

Payroll records concerning the employee in accordance with FMLA leave? (29 CFR 825.500)
Records of when FMLA leave is taken? (29 CFR 825.500)
Copies of employee notices of leave furnished to you? (29 CFR 825.302 and 500)
Copies of all notices you give to employees concerning their FMLA rights? (29 CFR 825.300, 301, and 500)
Documents describing employee benefits and your policies regarding leave? (29 CFR 825.301)
Records regarding premium payments? (29 CFR 825.301)
Records of any dispute regarding the designation of leave as FMLA leave? (29 CFR 825.301 and 500)
Records relating to medical certification, recertification, or fitness for duty? (29 CFR 825.305, 306, and 307)
Medical records in separate files? (29 CFR 825.500)
Do you treat all medical information as confidential? (29 CFR 825.500)

Does your policy:

Limit federal FMLA leave to a maximum of 12 weeks and 26 weeks for certain family military leaves? (29 CFR 825.200)
Limit leave to an employee who has been employed for at least 12 months? (29 CFR 825.110)
Do you limit leave to those employees who have worked at least 1,250 hours during the last 12 months? (29 CFR 825.110)
Permit intermittent leave? (29 CFR 825.205)
Identify what is a serious health condition? (29 CFR 825.114)
Permit you to transfer an individual to another position to better accommodate intermittent leave? (29 CFR 825.205)
Forbid discrimination for taking FMLA leave? (29 USC 2615)
Address what occurs if there is a layoff during FMLA leave? (29 CFR 825.312)
Do you give employees notice when they are taking FMLA leave? (29 CFR 825.301)

Do you tell employees:

About any requirements for furnishing medical certification? (29 CFR 825.305 and 306)
Of any periodic reports required during leave? (29 CFR 825.308)
Of any requirement to make any premium payments for health benefits? (29CFR 825.210)
Whether there is a requirement to present a fitness for duty certificate upon return to work? (29 CFR 825.310)
Do you address the issue of whether the employee is required to first use paid leave before you provide unpaid FMLA leave? (29 CFR 825.207 and 208)
Do you limit periodic reports to every 30 days? (29 CFR 825.308 and 309)
Do you inform employees of their right to substitute paid leave for unpaid leave? (29 CFR 825.301)
Do you notify employees if they are “key” employees within the meaning of the FMLA? (29 CFR 825.217, 218, 219, and 301)
Do you advise employees of the right to be restored to their jobs upon return? (29 CFR 825.301)
Do you identify the type of notices required for leave? (29 CFR 825.302, 303, and 304)

Do you have a suitable form for: