The Catholic University of America

Family and Medical Leave

Recordkeeping Requirements

Federal law requires that the employer keep records pertaining to their obligations under the Family and Medical Leave Act (FMLA) in accord with the recordkeeping requirements of the Fair Labor Standards Act (FLSA) (section 11c) and in accord with the FMLA. The records are required to be kept and may be audited by the Department of Labor. The records must be kept for no less than three years.

The following records must be kept:

  • Basic payroll and identifying employee data, including name, address, and occupation, rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.

  • Dates FMLA leave is taken by FMLA-eligible employees (e.g., available from time records, requests for leave, etc., if so designated). Leave must be designated in records as FMLA leave; leave so designated may not include leave required under state law or an employer plan which is not also covered by FMLA.

  • If FMLA leave is taken by eligible employees in increments of less than one full day, the hours of the leave.

  • Copies of employee notices of leave furnished to the employer under FMLA, if in writing, and copies of all general and specific written notices given to employees as required under FMLA and 29 C.F.R. § 825.301(b). Copies may be maintained in employee personnel files.

  • Any documents (including written and electronic records) describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.

  • Premium payments of employee benefits.

  • Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.

For FLSA exempt employees, the employer need not keep a record of the actual hours worked as long as eligibility for FMLA leave is presumed for any employee who has been employed for at least 12 months, and with respect to employees who take FMLA leave intermittently or on a reduced leave schedule, the employer and employee agree on the employee's normal schedule or average hours worked each week and reduce their agreement to a written record.

Medical records created and maintained for FMLA purposes must be kept as confidential medical records in separate files If the Americans with Disabilities Act (ADA) is also applicable, then the ADA allows disclosure only to supervisors and managers who need to know about the restrictions on work or duties and necessary accommodations; first aid and safety personnel when appropriate if there is a need for emergency treatment; and government officials investigating compliance with the law.

District of Columbia Requirements

DC law requires the following documentation on an annual basis with respect to family and medical leave:

  • the total number of employees who have taken leave pursuant to the Act;

  • the annual additional cost to the employer for the expenses incurred to replace an employee during the time the employee is on leave granted pursuant to the Act;

  • the annual additional cost incurred to pay for the employee's health insurance during the time the employee is on leave granted pursuant to the Act;

  • the length of leave taken by an employee pursuant to the Act;

  • the reason(s) an employee took leave pursuant to the Act;

  • the salary, hourly wage or grade level of the employee who has taken leave pursuant to the Act;

  • the employee's request and supporting documents for leave requested pursuant to the Act; and

  • the employer's disposition of the employee's request for leave pursuant to the Act.

The Director of the Department of Human Rights and Minority Business Development may inspect the records during regular business hours. Employers shall report on an annual basis a summary of leave actions taken pursuant to the Act at such time and in such form as the Department may prescribe.

Source: 29 C.F.R. § 825.500 and Title 4 DCMR § 1606.

links updated 6/10/08 rab