FMLA Compliance Checklist

Use this FMLA Compliance Checklist to ensure organizations follow all legal requirements for employee leave, documentation, and reporting under FMLA regulations.

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FMLA Compliance Checklist



FMLA Compliance Checks

1. Has the organization confirmed it is a covered employer (e.g., private-sector employer with 50+ employees in 20+ workweeks)?


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2. Is the mandatory FMLA general notice poster displayed in a conspicuous place where employees and applicants can see it?


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3. Is a written FMLA policy included in the employee handbook or provided to all new employees upon hire?


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4. Has the employer established and communicated which 12-month period is used for calculating leave (e.g., calendar year or "rolling" year)?


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5. When an employee requests leave, is an Eligibility and Rights & Responsibilities Notice (Form WH-381) provided within five business days?


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6. Has the employee been confirmed to meet the eligibility criteria (12 months of employment and 1,250 hours worked in the previous year)?


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7. Does the employer verify that the employee works at a site where the employer has at least 50 employees within 75 miles?


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8. If the leave is for a serious health condition, has a Medical Certification (Form WH-380-E or WH-380-F) been requested and received?


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9. Has the employer provided the employee at least 15 calendar days to return the medical certification?


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10. Is a Designation Notice (Form WH-382) issued within five business days of having enough information to determine the leave is FMLA-qualifying?


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11. Does the employer track FMLA usage accurately, including intermittent or reduced-schedule leave?


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12. Are group health insurance benefits maintained during the leave under the same conditions as if the employee had continued working?


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13. Has the employee been notified of their obligation to make premium payments while on unpaid leave?


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14. Upon return from leave, is the employee restored to their original position or an equivalent position with equivalent pay and benefits?


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15. If required by policy, has the employee provided a fitness-for-duty certification before returning to work?


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16. Are all FMLA-related records, including medical certifications, kept in confidential files separate from general personnel files?


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17. Are FMLA records retained for at least three years to comply with DOL requirements?


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18. Has the employer ensured that no retaliatory or discriminatory actions are taken against employees for exercising their FMLA rights?


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Checklist by GoAudits.com – Please note that this checklist is intended as an example. We do not guarantee compliance with the laws applicable to your territory or industry. You should seek professional advice to determine how this checklist should be adapted to your workplace or jurisdiction.

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