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Record Keeping and the FMLA

If your company has at least 50 employees who work 20 or more workweeks per year, you must comply with the guidelines outlined by the 1993 Family and Medical Leave Act (FMLA).

Among other things, the FMLA requires a business to keep detailed records when an employee takes a leave of absence

from their job. You must keep all records pertaining to an employee's FMLA leave for a minimum of three years. The file must contain:

  • Payroll information with the employee's name, address, job title, pay rate and total compensation during the leave.
  • Dates of the employee's leave. If the leave is less than one day, indicate the number of hours taken.
  • The employee's request for a leave of absence.
  • Proof of continuation of benefits. Keep a copy of the insurance payments you make during an employee's FMLA leave. Employers must maintain and continue to pay for an employee's medical benefits throughout the worker's absence.
  • Records of any disputes between you and the employee concerning FMLA leave.

For more information on FMLA guidelines, check out Frequently Asked Questions and the Employee/Employer Advisor.