Federal Compliance
FMLA Compliance Checklist
Ensure your organization meets all Family and Medical Leave Act requirements.
39 total items35 required
Intended for: HR managers at companies with 50+ employees
Coverage Verification
- Verify company has 50+ employees for 20+ weeksRequired
- Identify all worksites and employee counts per locationRequired
- Document employees within 75-mile radius of each worksiteRequired
- Maintain current headcount recordsRequired
Required Notices
- Post FMLA poster in conspicuous workplace locationRequired
Use DOL WH-1420 poster
- Include FMLA policy in employee handbookRequired
- Provide new hire FMLA informationRequired
- Create eligibility notice template (WH-381)Required
- Create rights and responsibilities notice template (WH-381)Required
- Create designation notice template (WH-382)Required
Eligibility Tracking
- System to track 12-month employment requirementRequired
- System to track 1,250 hours worked requirementRequired
- Process to determine eligibility within 5 business daysRequired
- Document eligibility determinationsRequired
Certification Process
- Medical certification form available (WH-380-E, WH-380-F)Required
- Process to request certification within 5 daysRequired
- Track 15-day deadline for employee to return certificationRequired
- Process for incomplete certificationsRequired
- Second opinion policy and procedures
- Recertification policy (every 30 days for ongoing conditions)Required
Leave Tracking
- Define 12-month leave year calculation methodRequired
- Track leave in appropriate incrementsRequired
- Calculate intermittent leave accuratelyRequired
- Track military caregiver leave (26 weeks) separatelyRequired
- Communicate remaining leave balance to employeesRequired
Benefits & Job Protection
- Maintain health insurance during FMLA leaveRequired
- Process to collect employee premium shareRequired
- Document return-to-work proceduresRequired
- Fitness-for-duty certification policy (if used)
- Process for job restorationRequired
- Key employee exception procedures (if applicable)
Record Keeping
- Maintain FMLA records for 3+ yearsRequired
- Store medical information separately and confidentiallyRequired
- Document all FMLA communicationsRequired
- Keep copies of all notices providedRequired
Training
- Train HR staff on FMLA administrationRequired
- Train managers to recognize FMLA-qualifying situationsRequired
- Establish procedure for managers to report leave to HRRequired
- Annual FMLA refresher training