Employers covered under the Family and Medical Leave Act, or FMLA (F-M-L-A), are required to keep all records related to their obligations under the Act for at least three years. Records that should be maintained during this time period include the employee's rate of basic pay, his or her job description, the dates and number of hours of FMLA leave taken, and whether the leave was considered family or medical leave. Written employee requests for leave, medical certifications, documents describing employee benefits related to the taking of paid and unpaid leaves, and records of any dispute regarding the designation of FMLA leave should also be kept on file for the same period of time. Employers are required to keep medical records and documents of employees or their family members in files separate from personnel files. With certain exceptions, they are to be treated as confidential records. All FMLA-related records must be available for inspection, copying, and transcription by representatives of the Department of Labor upon request. States that have enacted their own family and medical leave laws may have additional record-keeping requirements on employers. Employers who fail to comply with FMLA guidelines for record-keeping can be held liable for their actions in a court of law.
