Compliance Checklist For FMLA Administration

The information herein provides an overview of the compliance requirements for the Family and Medical Leave Act (FMLA).

It includes an overview of the rules, a list of key areas of compliance, a list of common errors and mistakes typically made by FMLA administrators, and an FMLA compliance checklist to help your organization comply with the requirements under the FMLA so your organization can avoid common mistakes and lawsuits.

What Is The FMLA?

The FMLA stands for the Family and Medical Leave Act, which was enacted in 1993. The FMLA provides eligible employees with unpaid, job-protected leave for certain family and medical reasons.

FMLA leave rules require certain employers to allow eligible employees to take unpaid, job-protected leaves for certain family and medical events, such as:

Birth of a child
Placement of a child for adoption or foster care
Care of a spouse, child, or parent with a serious health condition
Inability of the employee to perform the functions of his or her job because of a serious health condition
"Qualifying exigency" (managing family affairs related to certain family members being on active duty or being notified of an impending call or order to active duty, or being deployed or called to deployment to a foreign country)

Key Items To FMLA Compliance Requirements

FMLA administration requires compliance with specific FMLA leave rules. Make sure your FMLA Administrator takes an FMLA training course to learn about the FMLA leave rules for employers, which include:

Notice requirements
Eligibility determination
Medical certifications
Leave entitlement
Job restoration
Continuation of Benefits
Benefits restoration
Intermittent and Reduced Schedule Leave
Paid and unpaid leave options
Anti-Retaliation provisions
Compliance with state and local Laws
Coordination of FMLA with ADA, COBRA, and other leave laws
Fitness-for-duty testing
FMLA Return-to-Work options
How to identify FMLA - abuse and the individuals you need to involve in an internal investigation
Recordkeeping

Top Compliance Risks Under The FMLA

Not recognizing informal leave requests
Failing to send notices on time
Asking for too much medical info
Poor tracking of intermittent leave
Not training managers

Common FMLA Administrative Mistakes

Inaccurate Eligibility Determination
Failure To Provide Notice
Tracking Leave Entitlement
Handling Medical Certification And Recertification
Managing Intermittent Leave
Failure To Properly Count FMLA Leave
Not Providing Job Restoration
Dealing With Return-To-Work And Accommodations
Identifying And Handling FMLA Abuse

More FMLA Information: Definitions |Blog | FAQs | Training Courses

FMLA Compliance Checklist

Determine Employer Coverage
? Confirm you have 50+ employees within a 75-mile radius
? Ensure coverage applies to all public agencies and schools

Verify Employee Eligibility
? Employee has worked for at least 12 months (not necessarily consecutive)
? Employee has worked at least 1,250 hours in the past 12 months
? Employee works at a location with 50+ employees within 75 miles

Post Required Notices
? Display the official FMLA poster in a visible workplace area
? Include FMLA policy in employee handbook or provide upon hire
? Ensure remote employees have access to required notices

Provide Required Employee Notices
When an employee requests leave or you become aware of a qualifying reason:
? Eligibility Notice (within 5 business days)
? Rights and Responsibilities Notice
? Designation Notice (approve/deny leave in writing)

Identify Qualifying Leave Reasons
Confirm leave qualifies under FMLA, such as:
? Employee's serious health condition
? Care for a spouse, child, or parent with a serious health condition
? Birth, adoption, or foster placement of a child
? Qualifying military exigencies
? Military caregiver leave

Manage Medical Certifications
? Request certification within 5 days of leave request
? Allow at least 15 calendar days for employee to return certification
? Review for completeness and follow up if needed
? Keep medical information confidential and separate from personnel files

Track Leave Accurately
? Track FMLA leave usage (12 weeks or 26 weeks for military caregiver leave)
? Use consistent method for calculating leave year (calendar, rolling, etc.)
? Track intermittent or reduced schedule leave carefully

Maintain Benefits During Leave
? Continue group health insurance under same terms as if employee were working
? Communicate employee premium payment responsibilities

Ensure Job Protection
? Restore employee to same or equivalent position upon return
? Avoid retaliation or interference with FMLA rights

Handle Pay and PTO Correctly
? Clarify whether accrued paid leave runs concurrently with FMLA
? Apply policies consistently across employees

Document Everything
? Keep records of notices, certifications, and communications

? Retain records for at least 3 years
? Maintain documentation for audits or disputes

Train Managers and HR Staff
? Train supervisors to recognize FMLA triggers
? Prevent improper questions or interference
? Ensure consistent handling of leave requests

Monitor Compliance with State Laws
? Check for state-specific leave laws that may expand FMLA rights
? Coordinate FMLA with other laws (e.g., ADA, workers comp)

Prepare for Return-to-Work
? Request fitness-for-duty certification if applicable
? Reinstate employee promptly
? Address any needed accommodations