Tips for Conducting an FMLA Self-Audit

The U.S. Department of Labor (DOL) continues efforts to uncover Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) violations.

According to Jeff Nowak, attorney and author of the FMLA Insights blog, over the past two years the DOL has focused on auditing warehouse and logistics industries for FMLA and FLSA violations. His work with clients has revealed that the DOL is using a new audit format that dives deep into an employer’s payroll practices, even during an FMLA investigation. If contacted by the DOL, Nowak recommends working with local counsel to appropriately respond.

Preemptively conducting an FLMA self-audit is also recommended to ensure compliance with federal regulations. Actions to focus on to reduce your liability include:

• Review the organization’s FMLA policy and employee communications.
• Ensure required notices are posted in the workplace.
• Examine FMLA forms to ensure they are up to date, compliant, and aligned with DOL sample forms and notices.
• Review FMLA correspondence regarding certifications and return-to-work requests.
• Review procedures for reporting leave and ensure supervisors are responding appropriately to employee requests for leave.
• Ensure recordkeeping is complete, data is accurate, and information is retained for a minimum of three years.
• Train all supervisors.

For more information on the DOL investigation initiatives, check out Nowak’s article in the FMLA Insights blog. Resources are also available to members in the HR Services Resource Library, including a summary of the FMLA requirements, a flowchart for processing Family and Medical Leave, certification templates, and other forms.