Yesterday’s Advisor covered the tricky territory of delaying FMLA leave over late notification; today, a handy FMLA audit checklist, plus an introduction to the problem-solving guide many call the “FMLA bible.”
As you go through the checklist, “Yes” answers indicate best practice or required practice. Where the practice is required, a citation to the relevant portion of the regulation is given. To access the text of the regulation, simply paste or enter the citation into your browser.
FMLA Best Practices Checklist
General Issues
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Do you have a medical leave of absence policy? |
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If you have an employee handbook or other benefit book, does it contain your medical leave of absence policy and the FMLA General Notice? |
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Is one person or one department responsible for: |
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When you have a question regarding the need for a medical or family leave of absence, do you avoid referring the medical issues to a physician who is routinely used by you? |
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Legal Issues |
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Have you determined whether FMLA applies to your company? (29 USC 2611; 29 CFR 825.104) |
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Have you considered: |
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Do you lease any employees from a leasing company which may cause FMLA to apply to your company? (29 CFR 825.106) |
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Do you maintain: |
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Do you treat all medical information as confidential? (29 CFR 825.500) |
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FMLA—the #1 hassle of 2012. BLR’s compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide and also receive the FREE special report: 12 Ways to Curb FMLA Leave Abuse.
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Policy |
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Does your policy: |
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Do you limit leave to those employees who have worked at least 1,250 hours during the last 12 months? (29 CFR 825.110) |
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Does your policy: |
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Do you give employees notice when they are taking FMLA leave? (29 CFR 825.301) |
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Do you tell employees: |
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Do you address the issue of whether the employee is required to first use paid leave before you provide unpaid FMLA leave? (29 CFR 825.207 and 208) |
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Do you limit periodic reports to every 30 days? (29 CFR 825.308 and 309) |
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Do you inform employees of their right to substitute paid leave for unpaid leave? (29 CFR 825.301) |
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Do you notify employees if they are “key” employees within the meaning of the FMLA? (29 CFR 825.217, 218, 219, and 301) |
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Do you advise employees of the right to be restored to their jobs upon return? (29 CFR 825.301) |
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Do you identify the type of notices required for leave? (29 CFR 825.302, 303, and 304) |
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Do you have a suitable form for: |
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FMLA hassles—they just won’t go away, will they? And, now, of course, there are all the new FMLA responsibilities—like military leave and reinstatement. Shell-shocked?
It’s an almost overwhelming task to keep up with FMLA, let alone get in compliance with the far-reaching changes. You’re going to need a helping hand. Good news! BLR’s editors have gone into overdrive to get your comprehensive compliance guide ready.
BLR’s recently updated Family and Medical Leave Act Compliance Guide simplifies the frustrating and confusing complexities of the Family and Medical Leave Act (FMLA), so you know exactly how to comply in every situation.
It contains practical answers to all the FMLA questions you are asking—and the ones you haven’t thought of but should be asking.
A whirlwind of changes has hit the FMLA—are you ready to comply? Download our Free Report: 12 Ways to Curb FMLA Leave Abuse, and also receive a 30-day free trial to Family and Medical Leave Act Compliance Guide. Download Now.
The Family and Medical Leave Act Compliance Guide includes:
- Leave law overview
- All the new forms and advice on how to use them
- Practical guidance on implementing all aspects of the new rules
- Analysis of federal and state laws, what they require, and how they interact
- Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers’ comp, and military leave
- Recordkeeping and reporting requirements
- Reasonable accommodation
- Sample policies and forms
Plus
- A quarterly newsletter and updates, to make sure you stay in compliance as any changes come about
Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.
I work for the hotel industry. We do not have an active FML process.
None of our employees have ever asked for FML. We give everyone
that is eligible 12 weeks before we discuss future employment.
We have not enacted intermittent leave. We have 12 properties and one
HR person. How do I even start this process?