The Essential Guide to Family & Medical Leave

chapter 12 | record keeping requirements | 281
By now, you probably realize that you have to handle a lot of paper
under the FMLA, what with notices, forms, and so on. While it may
seem like a lot to keep track of, you need to keep accurate records
calculating employee FMLA eligibility, leave taken, and available leave
time, as well as the documents that employees taking FMLA leave have to
give you. Keeping all of these documents together in an organized, easily
retrievable way will make your job much easier as you try to administer
employee FMLA leaves and will help you stay out of legal trouble, too.
In this chapter, we tell you what documents you need and give you some
suggestions about the best way to keep them. Good document control will
help you keep track of employee leave time and ensure that you meet all
your obligations under the FMLA. It will also make it easier to respond if
an employee ever challenges leave decisions or if a governmental agency
conducts an investigation, as you will be able to quickly pull all of the
documents that show that you followed the law.
Why You Should Keep Records
If your company is covered by the FMLA, the law requires it to “make,
keep, and preserve” detailed records of FMLA leaves taken by its employees,
including copies of all notices given to employees taking leave. (29 U.S.C.
§ 2616(b).) Good organization of records is not just the law—it is also a
good business practice. Thorough, accurate records help you keep track of
how much leave each employee has taken or is eligible for, return dates for
employees on leave, and other important pieces of information.
Keeping accurate records will also help you avoid or fight legal battles. You
may have to show certain of these documents to the employee, his or her
spokesperson, or even to the U.S. Department of Labor (DOL) if the agency
decides to examine your company’s FMLA practices. And, if any employee
challenges your company’s FMLA practices, you may have to gather certain
of these documents to show that you provided adequate notices, denied leave
based on adequate documentation, or treated the employee consistently with
company policy and past practice. By putting all such records in separate files