By Susan Schoenfeld, JD
U.S. Department of Labor (DOL) Family and Medical Leave Act (FMLA) Branch Chief Helen Applewhaite recently promised that the DOL would be conducting stepped-up FMLA enforcement, including more on-site visits by federal investigators—she delivered.
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As a result, it is anticipated that in 2016 DOL will continue its more aggressive stance in conducting on-site investigations of employers’ facilities, including a renewed emphasis on recordkeeping compliance, “systemic” violations, and supervisors’ accountability in administering FMLA situations on the front lines and employers must be ready.
What does this mean for employers? If the DOL comes on-site, expect an FMLA check, document requests, and DOL interviews of supervisors and employees.
What does an on-site investigation look like? Most FMLA investigators give advance notice of an inspection, often by phone. However, the DOL has the authority to undertake unannounced employer visits. Employers need to have a procedure in place for handling such a situation, including having a designated person who is prepared to respond to investigations at a moment’s notice.