FMLA Paperwork Requirements

Introduction to FMLA Paperwork Requirements

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. While the FMLA provides important protections for employees, it also imposes certain paperwork requirements on employers. In this article, we will explore the FMLA paperwork requirements and provide guidance on how to navigate the process.

Notice Requirements

Employers are required to provide employees with certain notices regarding their FMLA rights and responsibilities. These notices include: * General Notice: Employers must post a general notice in the workplace, informing employees of their FMLA rights and the procedures for filing a claim. * Eligibility Notice: When an employee requests FMLA leave, the employer must provide an eligibility notice within five business days, indicating whether the employee is eligible for FMLA leave. * Rights and Responsibilities Notice: The employer must also provide a rights and responsibilities notice, which outlines the employee’s rights and responsibilities under the FMLA.

Certification Requirements

In order to take FMLA leave, employees must provide certification from a healthcare provider. The certification must include: * Diagnosis: A statement of the employee’s diagnosis or condition. * Prognosis: A statement of the employee’s prognosis, including the expected duration of the condition. * Treatment: A statement of the treatment the employee is receiving, including any medications or therapies. * Work Restrictions: A statement of any work restrictions or limitations the employee may have.

Medical Certification Forms

The U.S. Department of Labor (DOL) provides optional forms for employers to use when requesting medical certification from employees. These forms include: * WH-380-E: Certification of Health Care Provider for Employee’s Serious Health Condition * WH-380-F: Certification of Health Care Provider for Family Member’s Serious Health Condition Employers may use these forms or create their own, as long as they comply with the FMLA regulations.

Recertification Requirements

In some cases, employers may require employees to provide recertification of their condition. This may be necessary if: * The employee’s condition changes: If the employee’s condition changes or worsens, the employer may require recertification to determine whether the employee is still eligible for FMLA leave. * The employee extends their leave: If the employee requests an extension of their FMLA leave, the employer may require recertification to determine whether the employee is still eligible for leave.

💡 Note: Employers must provide employees with at least 15 calendar days' notice before requesting recertification.

Designation Notice

Once the employer has received the certification and determined that the employee is eligible for FMLA leave, the employer must provide a designation notice. This notice must include: * Leave designation: A statement indicating whether the leave is designated as FMLA leave. * Leave duration: A statement of the expected duration of the leave. * Employee rights: A statement of the employee’s rights and responsibilities under the FMLA.

Recordkeeping Requirements

Employers are required to maintain certain records regarding FMLA leave, including: * Employee eligibility: Records of employee eligibility for FMLA leave. * Leave requests: Records of leave requests, including the dates and duration of the leave. * Certification: Records of certification, including medical certification forms and recertification documents. * Designation notices: Records of designation notices, including the dates and duration of the leave.

Record	Description	Retention Period
Employee eligibility	Records of employee eligibility for FMLA leave	3 years
Leave requests	Records of leave requests, including the dates and duration of the leave	3 years
Certification	Records of certification, including medical certification forms and recertification documents	3 years
Designation notices	Records of designation notices, including the dates and duration of the leave	3 years

In summary, the FMLA imposes certain paperwork requirements on employers, including notice requirements, certification requirements, and recordkeeping requirements. Employers must provide employees with certain notices, including general notices, eligibility notices, and rights and responsibilities notices. Employers must also maintain certain records, including records of employee eligibility, leave requests, certification, and designation notices. By following these requirements, employers can ensure compliance with the FMLA and provide employees with the protections they need.