Have You Conducted an FMLA Audit?
Despite being enacted over 20 years ago, the federal Family and Medical Leave Act (FMLA) continues to trip up even the most experienced human resource professionals. If you have 50 or more employees, use this checklist to review your FMLA practices and ensure you are in compliance.
Review Your FMLA Policy
The FMLA has been updated numerous times over the past few years. Given the Supreme Court decision on same sex marriage in June 2015, all employers must recognize same sex marriages for the purpose of the FMLA administration. In 2013, the DOL issued new regulations that affected qualifying exigency leave for military-related activities, caregiver leave for service members, minimum increments of leave and other provisions.
If you have not conducted an in-depth review of your FMLA policy in the last two years, you may find that your policy is out-of-date. Check that your policy addresses the following:
FMLA Practices, Procedures and Recordkeeping
A thorough FMLA policy is great but it does you no good if you fail to implement proper procedures and recordkeeping. Review your practices for the following areas that can create administrative difficulties for human resources professionals:
Forms and Posters
The DOL provides sample certification and designation forms for use by employers. The latest FMLA forms have an expiration date of May 31, 2018. The FMLA poster provided by the DOL has a revision date of February 2013. Make certain that your forms are the latest available and that you have complied with your posting requirements by checking:
Once again, the best efforts by human resources will not save your organization from liability if your front line supervisors and managers are mucking things up. Be sure to provide in-depth FMLA training to all new managers and supervisors and update everyone on the latest changes. In particular, check on the following:
Conduct this self-audit to check for any FMLA compliance issues and to make sure your organization is up-to-date with the latest FMLA developments.