Why employers must track employee FMLA leave
Keeping track of employee leave under the federal Family and Medical Leave Act (FMLA) can be challenging, particularly when employees take tiny amounts of intermittent leave. Covered employers must, however, track the leave and keep records on how much FMLA leave employees take, as required by the law and its regulations. Failure to keep track of FMLA leave can result in a violation and claim.
Employers with FMLA-eligible employees must keep records with the following information:
- 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. These records are required for nonexempt/hourly employees under the federal Fair Labor Standards Act.
- Dates that employees took FMLA leave. This could be from time records, requests for leave, and so on. Employers must designate leave in records as FMLA leave. Employers may not include leave required under state law or an employer plan that isn’t also covered by the FMLA.
- The hours of leave employees took if they took it in increments of less than a full day.
- Copies of employee notices that employees gave to the employer, if in writing.
- Copies of FMLA eligibility/rights and responsibility notices and designation notices that employers must give to employees. Employers may keep these 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 for employee benefits.
- Records of any dispute between the employer and employee regarding the 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.
Employers with no FMLA-eligible employees must maintain records under the first bullet only.
While employers aren’t required to ask for certifications, if they do, they must keep those with medical information confidential and separate from the general personnel file(s).
Employers with exempt employees don’t have to keep records of actual hours worked, as long as they presume that employees are eligible for FMLA leave if they’ve worked for the company for at least 12 months.
For exempt employees who take intermittent or reduced-schedule leave, employers and employees should agree on the employees’ normal schedule or average hours worked each week and put this in writing.
The FMLA doesn’t mandate any particular order or form of records.
Employers must keep these records for at least 3 years and make them available for inspection, copying, and transcription by U.S. Department of Labor representatives upon request.
Smallest increment
Employers must account for FMLA leave using an increment no greater than the shortest period of time that they use to account for other forms of leave, as long as it’s not greater than 1 hour. This should be clear in the records.
Key to remember: Employers must accurately track how much FMLA leave employees take and keep related records of it for at least 3 years.

























































