Section 4 Family and Medical Leave Act of 1993

• Library: Employer-Employee Law 2008

The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601 et seq., provides up to 12 weeks of leave for employees in certain circumstances. 29 U.S.C. § 2612(a). Under 29 U.S.C. § 211(c), employers must keep records relating to compliance in accordance with the provisions of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. (discussed in §23.5 below), and the FMLA regulations promulgated by the U.S. Department of Labor (DOL).
29 U.S.C. § 2616(b).

The regulations do not identify the specific types of documents
that an employer must retain, and they explicitly provide that
an employer is not required to revise its computerized payroll
or personnel records system to comply. 29 C.F.R. § 825.500(b). However, the regulations do provide requirements as to what type of information the records must contain. 29 C.F.R. § 825.500(c). Employers covered by the FMLA must...