FMLA Audits Increasing

FMLA compliance is always important for employers subject to the Family and Medical Leave Act’s provisions, but recent announcements from the Department of Labor (DOL) place renewed urgency for employers to comply. In February of this year, the DOL released a statement informing employers of the department’s increased scrutiny toward FMLA compliance, citing severe strain on the global supply chain that could negatively impact workers’ rights and wages. The DOL announced a Warehouse and Logistics Worker initiative that will, “…use education, outreach and vigorous enforcement to increase compliance and reduce industry violations.” The impending enforcement also intends to address worker misclassification between employees and independent contractors, which can negatively impact a worker’s rights and earning potential.

FMLA Compliance Considerations

With this news of increased FMLA audits and strenuous enforcement, it’s important to understand your responsibilities as an employer which may be more demanding than you’d think. Do you have a comprehensive FMLA policy? And if so, are your policies up to date? Do your FMLA forms comply with regulations? Do you have the FMLA’s summary poster prominently displayed? Do you have FMLA-compliant employee communications prepared for use? Do you keep detailed information records? Are your managers sufficiently trained regarding FMLA policies and procedures?

All these FMLA compliance issues (and more) can cause significant financial and legal trouble for an employer who fails to address them. Mistakes can be devastating between penalties and legal summaries as we’ve shown in the past.