The Essential Guide to Family & Medical Leave

282 | the essential guide to family and medical leave
for each employee, you will be able to pull the exact document you need in
any of these situations.
While the FMLA doesn’t insist on a particular form or order for keeping
the records, whatever form they are in must be clear and identifiable by date
or pay period. They must be kept for at least three years and readily available
for inspection, copying, and transcription by the DOL upon request. (29
CFR § 825.500(b).) Records your company keeps on its computer system
have to be available for transcription or copying upon request by the DOL.
Tip
Do a regular check up. Keeping orderly FMLA records doesn’t do you
much good if the information in them is out of date or otherwise
inaccurate. Be sure to periodically update the records so that they reflect
employee leave taken, any changes in employee hours or FMLA status, or
any other new data. One way to build the practice of updating the files
into your personnel procedures is to review and update the files at the
time of six-month or annual employee reviews.
Keeping Track of Company Workforce FMLA Data
If your company is covered by the FMLA, but none of its employees are
eligible for FMLA leave (because, for example, none of them has worked
for your company for 12 months), you only need to keep basic payroll data,
including:
• payroll records showing that your company is covered by the FMLA
• documents describing employee benefits (whether kept in written or
electronic form), and
• documents describing your company’s paid and unpaid leave policies
(whether kept in written or electronic form).
Keep all of these company workforce records together for easy review, if
needed. These records can be kept in you company’s usual human resources
area. The manager in charge of FMLA compliance should be tasked with
control, updating, and maintenance of these records.