---
title: "FMLA Checklist"
description: "General Issues: Do you have a medical leave of absence policy? If you have an employee handbook or other benefit book, does it contain your medical leave of absence policy and the FMLA General Notice?..."
url: https://www.dashrconsulting.com/fmla-checklist/
date: 2014-04-21
modified: 2020-06-25
author: "Dr. Di Ann Sanchez"
image: https://www.dashrconsulting.com/wp-content/uploads/2013/02/FMLA-checklist.jpg
categories: ["HR Compliance", "Human Resources", "Talent Management"]
type: post
lang: en
---

# FMLA Checklist

**General Issues:

**

- Do you have a medical leave of absence policy?
- If you have an employee handbook or other benefit book, does it contain your medical leave of absence policy and the FMLA General Notice?

**Is one person or one department responsible for:**

- Administering family and medical leave?
- Reviewing your family and medical leave of absence policy at least annually?
- When you have a question regarding the need for a medical or family leave of absence, do you avoid referring the medical issues to a physician who is routinely used by you?

**Legal Issues: **

- Have you determined whether FMLA applies to your company? (29 USC 2611; 29 CFR 825.104)

**Have you considered:**

- Whether your company and related entities should be treated as one employer for purposes of coverage of the FMLA? (29 CFR 825.106 and 107)
- Whether you have any joint employer relationships that require special consideration under the FMLA? (29 CFR 825.106)
- Whether there is a state law that is more generous to the employees than the federal FMLA? (29 CFR 825.701)
- Do you lease any employees from a leasing company, which may cause FMLA to apply to your company? (29 CFR 825.106)

**Do you maintain:**

- Payroll records concerning the employee in accordance with FMLA leave? (29 CFR 825.500)
- Records of when FMLA leave is taken? (29 CFR 825.500)
- Copies of employee notices of leave furnished to you? (29 CFR 825.302 and 500)
- Copies of all notices you give to employees concerning their FMLA rights? (29 CFR 825.300, 301, and 500)
- Documents describing employee benefits and your policies regarding leave? (29 CFR 825.301)
- Records regarding premium payments? (29 CFR 825.301)
- Records of any dispute regarding the designation of leave as FMLA leave? (29 CFR 825.301 and 500)
- Records relating to medical certification, recertification, or fitness for duty? (29 CFR 825.305, 306, and 307)
- Medical records in separate files? (29 CFR 825.500)
- Do you treat all medical information as confidential? (29 CFR 825.500)

**Does your policy:**

- Limit federal FMLA leave to a maximum of 12 weeks and 26 weeks for certain family military leaves? (29 CFR 825.200)
- Limit leave to an employee who has been employed for at least 12 months? (29 CFR 825.110)
- Do you limit leave to those employees who have worked at least 1,250 hours during the last 12 months? (29 CFR 825.110)
- Permit intermittent leave? (29 CFR 825.205)
- Identify what is a serious health condition? (29 CFR 825.114)
- Permit you to transfer an individual to another position to better accommodate intermittent leave? (29 CFR 825.205)
- Forbid discrimination for taking FMLA leave? (29 USC 2615)
- Address what occurs if there is a layoff during FMLA leave? (29 CFR 825.312)
- Do you give employees notice when they are taking FMLA leave? (29 CFR 825.301)

**Do you tell employees:**

- About any requirements for furnishing medical certification? (29 CFR 825.305 and 306)
- Of any periodic reports required during leave? (29 CFR 825.308)
- Of any requirement to make any premium payments for health benefits? (29CFR 825.210)
- Whether there is a requirement to present a fitness for duty certificate upon return to work? (29 CFR 825.310)
- Do you address the issue of whether the employee is required to first use paid leave before you provide unpaid FMLA leave? (29 CFR 825.207 and 208)
- Do you limit periodic reports to every 30 days? (29 CFR 825.308 and 309)
- Do you inform employees of their right to substitute paid leave for unpaid leave? (29 CFR 825.301)
- Do you notify employees if they are “key” employees within the meaning of the FMLA? (29 CFR 825.217, 218, 219, and 301)
- Do you advise employees of the right to be restored to their jobs upon return? (29 CFR 825.301)
- Do you identify the type of notices required for leave? (29 CFR 825.302, 303, and 304)

**Do you have a suitable form for:**

- Granting leave?
- Obtaining an opinion from a healthcare provider regarding the need for FMLA leave? (29 CFR 825.306)

*Reference: www.dol.gov/whd/fmla/; HR Daily Adviosr, November 15, 2012*