FMLA Record Keeping
What records must be kept to comply with the FMLA and who keeps the records?
Departments are responsible for documenting and maintaining for three (3) years, records of paid and unpaid FMLA leave and reduced work schedules related to the FMLA. Department responsibilities also include the determination of employee eligibility and monitoring usage up to the maximum of 12 workweeks of FMLA leave during the fiscal year, i.e., July 1 through June 30.
For support staff, FMLA will be recorded using the Web-based or unit-level absence reporting system. To report FMLA-qualifying absences in Employee Self Service using the EBS Portal or through unit level absence reporting systems for an employee's serious health condition, use all available contractual sick leave credits first. If the employee has verified the usage of his/her vacation and personal leave, use these amounts next and if the employee is on unpaid leave for less than ten (10) days, the FMLA leave should be reported under FMLA/FMLA Exigency section on the Attendance System. If the employee is on unpaid leave for more than ten (10) days, he/she must be placed on FMLA unpaid leave of absence by processing a Personnel Action Notice (PAN) form. This takes the employee off the payroll, but the department must still report FMLA-qualifying time without pay on the Attendance System. This is reported on the bottom section of the FMLA/FMLA Exigency section under the appropriate accumulation type including unpaid leave. The combination of paid and unpaid hours for FMLA cannot exceed 480 hours in a fiscal year. Once the employee has reached his/her maximum, a unit no longer needs to track and record this information on the Attendance System. However, if the employee has not returned to work, his/her leave is no longer FMLA, but should be converted to sick leave by processing a new PAN form.
It is the department’s responsibility to notify Human Resources in writing of usage of military caregiver leave. A copy of this form must be faxed to Human Resources within 5 business days of approval at 517-353-1869.
What records must be kept to comply with the FMLA and who keeps the records?
FMLA requires that employers shall keep the following records pertaining to their obligations under the Act for 3 years.
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Basic payroll and identifying employee data, including name, address, occupation, rate or basis of pay and terms of compensation, daily and weekly terms of hours worked per pay period, additions to or deductions from wages, and total compensation paid. Hours worked records need not be kept for employees who are not covered by or are exempt from Fair Labor Standards Act. (Payroll Office and Department)
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Dates FMLA leave is taken by employees and designated in records as FMLA leave. This includes written record of intermittent or reduced leave schedules. (Department for temporary/on-call support staff; MSU Human Resources for regular support staff)
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If FMLA leave is taken in increments of less than one (1) full day, the hours of the leave. (Department for temporary/on-call support staff; MSU Human Resources for regular support staff)
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Copies of employee request for leave furnished to the department and copies of all supporting documents and specific notices given to employees. (Department)
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Any documents (including written and electronic records) describing employee benefits or policies and practices regarding the taking of paid and unpaid leaves. (MSU Human Resources)
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Premium payments of employee benefits. (MSU Human Resources Benefits)
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Records of any dispute between MSU and an employee regarding designation of leave as FMLA leave. (Department)
Records and documents relating to request for FMLA and Department Notification, medical certifications, recertifications or medical histories of employees or their family members, shall be maintained in separate files/records and treated as confidential medical records. (Department)
How does the 480 hours (12 weeks) of FMLA coordinate with the 1040 hours (26 weeks) of FMLA military caregiver leave?
An eligible employee is entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the "single 12-month period". This 12-month period is defined as beginning on the first day the eligible employee takes FMLA to care for a covered service member and ends 12 months after that date, regardless of the method used by the employer to determine the employee's 12 workweeks of leave entitlement for other FMLA-qualifying reasons (fiscal year, July 1). If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered service member during this "single 12-month period," the remaining part of his or her 26 workweeks of leave entitlement to care for the covered service member is forfeited. Thus, for example, an eligible employee may during the "single 12-month period," take 16 weeks of FMLA leave to care for a covered service member and 10 weeks of FMLA leave to care for a newborn child. However, the employee may not take more than 12 weeks of FMLA leave to care for the newborn child during the "single 12-month period," even if the employee takes fewer than 14 weeks of FMLA leave to care for a covered service member.
If an employee has a work-related injury or illness, is lost time and time missed for medical appointments counted as FMLA?
Days one to seven (1 - 7) (Accident Time) of a work-related disability are counted against the 12-week FMLA entitlement as long as the disability is FMLA-qualifying and the employee had prior notification of the designation. Lost time after the seventh (7th) day of the work-related disability is also counted as FMLA when the employee is receiving Workers' Compensation.
Time missed for medical appointments related to a Workers' Compensation injury or illness qualifying as a serious health condition should be counted as FMLA.
