Chapter 6 - § 6.11 • EMPLOYER'S RECORD-KEEPING REQUIREMENTS

• Jurisdiction: Colorado

§ 6.11 • EMPLOYER'S RECORD-KEEPING REQUIREMENTS

Records detailing FMLA compliance must be maintained by all covered employers (even in the absence of covered employees) for three years. The employer's records must include: basic payroll information, including the number of hours worked by an employee; dates and amounts of FMLA leave taken (including intermittent time recorded in the smallest increments permitted); copies of employee's notices of leave and certification documents; copies of employer's notices provided to employees pursuant to FMLA; any document setting forth employee benefits and employer policies and practices regarding the taking of paid and unpaid leaves; evidence of premium payments of employee benefits; and records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave. 29 U.S.C. § 2616(b); 29 C.F.R. § 825.500(a) through (d).

If eligible employees are not subject to FLSA's recordkeeping requirements (i.e., the employee is an exempt employee), then the employer need not maintain...