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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 acronym "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 determinationlabor law training seminar
  • 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 DeterminationFMLA ADA and COBRA training
  • 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

The information below is a draft checklist for FMLA compliance. Feel free to add or delete as needed to meet your organization's needs.

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
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) fmla and ada training seminars

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 leave management training seminar
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

Bonus: Suggestions For A Starter Toolkit

To stay compliant, make sure you have:
  • Your FMLA and other policies in your employee handbook
  • Standard notice templates
  • Leave tracking system
  • Central file for documentation

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

Most-Used Training Courses:

Recommended Online Training Courses

FMLA Training & Certification Program
$799.00
Enroll
Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program
$799.00
Enroll

Recommended In-Person Seminars

Certificate Program In FMLA, ADA, And PWFA Compliance
$2,395.00
Enroll
Advanced Issues In Leave Management Certificate Program Workshop
$1,595.00
Enroll
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