The Essential Guide to Family & Medical Leave

chapter 12 | record keeping requirements | 285
Tip
For the sake of accuracy and convenience, your company should keep
records of hours worked by all employees. This will make it easier for you
to track employee FMLA eligibility, intermittent and reduced-schedule
leave taken, and FMLA leave available.
Medical Records
When an employee requests FMLA leave for the employee’s own or a
family member’s serious medical condition, the employee has to give you
certain documents containing medical information upon request. These
medical records or any other documents containing medical information
must be treated as confidential and kept in files separate and apart from
your company’s usual personnel files. Such records include:
• medical certifications
• recertifications
• medical histories of employees or their family members created for
FMLA purposes
• fitness-for-duty certifications received from the employee when returning
from FMLA leave, and
• second and third opinions you requested to verify a medical need for leave.
And, if the ADA also applies, you must keep the medical records in
conformance with ADA confidentiality requirements. Under both the
FMLA and the ADA, your company can disclose medical information only
in the following circumstances:
• You can inform supervisors and managers of necessary restrictions on an
employee’s work or duties and any necessary accommodations.
• You can inform first aid and safety personnel if the employee’s physical or
medical condition might require emergency treatment.
• You must provide the information to government officials upon request.
(42 U.S.C. § 12112(d)(3); 29 CFR § 1630.14(c).)