Purpose of FMLA Checklist for HR:
The purpose of this FMLA Checklist for HR is to ensure that HR teams follow a compliant and efficient process when managing leave requests, as governed by the Family and Medical Leave Act.
Determine FMLA Eligibility
Before granting FMLA leave, confirm that the employee is eligible based on the following criteria:
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Check that the employee has worked for the company for at least 12 months (not necessarily consecutive). - Check that the employee has worked at least 1,250 hours during the past 12 months.
- Check Company Size as FMLA applies to companies with 50 or more employees.
- Determine qualified Leave Reasons: The request must be for an eligible reason, such as:
- Serious health condition (self or family member).
- Birth or adoption of a child.
- Military family leave for exigencies related to active duty.
Provide FMLA Notifications
Once the employee’s eligibility is confirmed, HR must provide the required notices and information.
- Eligibility Notice: Notify the employee within 5 business days of their FMLA request about their eligibility status.
- Rights and Responsibilities Notice: Provide information on their rights under FMLA, including conditions such as maintaining health benefits and the requirement to return to work after the leave.
- Designation Notice: After the leave request is processed, notify the employee that the leave is FMLA-protected and how much of their leave entitlement it will consume.
Request and Review Medical Certification
- HR must request medical certification to support the need for FMLA leave in certain situations.
- Certification Deadline: The employee must provide the medical certification within 15 calendar days of the request.
- Verify Information: Ensure the certification includes all necessary information, such as the condition requiring leave, expected duration, and if intermittent leave is needed.
- Intermittent Leave Tracking: If applicable, track intermittent FMLA leave closely to ensure it does not exceed the allotted 12 weeks (or 26 weeks for military caregiver leave).
Maintain Health Benefits During Leave
Under FMLA, employers are required to continue offering health benefits to employees on leave.
- Continuation of Coverage: Ensure that the employee’s health insurance coverage remains active for the duration of the FMLA leave.
- Employee Contributions: Confirm that employees continue to pay their portion of the health insurance premiums while on leave. This can be done through payroll deductions (if applicable) or alternate payment methods.
- COBRA Compliance: If the employee fails to return to work after their FMLA leave, assess if COBRA continuation coverage needs to be offered.
Manage Return to Work and Job Restoration
FMLA requires that eligible employees be reinstated to their previous job or an equivalent position when they return from leave.
- Job Restoration: Guarantee the employee’s return to the same or an equivalent position, with the same salary, benefits, and terms of employment.
- Fitness-for-Duty Certification: If the leave was due to the employee’s own serious health condition, you may require a fitness-for-duty certification before allowing them to return to work. Ensure this is consistent with your company's FMLA policy.
- Reasonable Accommodation: If the employee cannot return to their full duties due to a medical condition, evaluate whether reasonable accommodations can be made under the Americans with Disabilities Act (ADA).
Keep Accurate Records
FMLA requires that all employee leave records and related documents be kept for at least three years.
- Leave Documentation: Maintain records of all FMLA leave requests, approvals, and denials, as well as medical certifications and communications.
- Payroll and Benefits Records: Ensure that payroll records reflect FMLA leave periods accurately, especially if the leave affects benefits such as retirement contributions.
- Audit Readiness: Be prepared to provide documentation in case of an audit by the Department of Labor (DOL).
