Overview
The DOL has warned employers since Feb 2022 they are taking "heightened action" to (again) make FMLA a top priority, with an emphasis on warehouse and logistics workplace rights. Part of any comprehensive HR audit is auditing your organization’s Family and Medical Leave Act (FMLA) practices. While auditing FMLA is time consuming, it is worth the investment of time. Because if the Department of Labor (DOL) investigates your FMLA practices and finds them lacking in compliance, your company could be on the hook for penalties and maybe even worse it may open the door for other DOL scrutiny, including wage and hour audits.
In defending regarding any compliance matter, a company’s best defense lies in demonstrating it made “good-faith efforts” to comply with the law by establishing its practices and policies as prescribed by the relevant regulations. By conducting your own FMLA self-audit, an employer can correct problems before a DOL investigation or employee lawsuit arises. However, what should you be looking for? How do you get started? In addition, most importantly, what should you do if your FMLA audit reveals problems?
Areas Covered
- Recognize organizational non-compliance with the FMLA and how to address it.
- Review and revise your FMLA policies and procedures and administer them confidently.
- Head off and curb abuse of your leave policies.
- The importance of understanding FMLA requirements.
- What your audit should cover—FMLA recordkeeping, training, leave procedures, and more.
- What the DOL will look for during a FMLA investigation.
- Documents
- Records of requests, notices, determinations, medical
- Certifications and e-certification
- Employer’s FMLA Policy and Handbook
- Why training employees in FMLA compliance is a win/win for employees and employers. What to include in training?
- Why training Management and Supervisors in FMLA compliance is critical to avoiding FMLA problems. What to include in training?
- Reviewing your FMLA Policy.
- The importance of FMLA-related correspondence.
- How to ensure that you are following recertification guidelines properly. .
- Avoid FMLA Regs. prohibitions regarding interfering, restraining, denying or retaliation in relation to an employee’s FMLA rights