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Employers covered by the FMLA are required to make, keep and preserve certain records pertaining to their obligations under the law. They are not required to submit any records to the DOL unless specifically requested by a DOL official.
No particular order or form of records is required. However, employers must keep the records specified by FMLA regulations for no less than three years and make them available for inspection, copying and transcription by DOL representatives upon request.
Covered employers who have eligible employees must maintain records that disclose the following:
Records and documents relating to medical certifications, recertifications, or medical histories of employees or employees' family members created for purposes of the FMLA must be maintained as confidential medical records in separate files/records from the usual personnel files. If the Genetic Information Nondiscrimination Act of 2008 (GINA) is applicable, records and documents created for purposes of the FMLA containing family medical history or genetic information as defined in GINA shall be maintained in accordance with the confidentiality requirements of Title II of GINA (see 29 CFR 1635.9), which permit such information to be disclosed consistent with the requirements of the FMLA. If the Americans with Disabilities Act (ADA) is also applicable, such records should be maintained in conformance with ADA confidentiality requirements, except that:
Additional recordkeeping requirements apply to employers of airline flight crew employees.
Continue to Maintenance of Employee Benefits or Return to Employer Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.500
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