Free FMLA Compliance Checklist
Download this free FMLA compliance checklist to verify employer coverage, process leave requests, maintain health benefits, and ensure proper job restoration for returning employees.
Download Checklist (Google Docs) →
What This Covers
| Section | Details |
|---|---|
| Employee Information | Name, job title, employee ID, department, request date, hire date, hours worked |
| Employer Coverage | 50-employee threshold, 12-month tenure, 1,250-hour requirement verification |
| Notices and Documentation | FMLA poster display, handbook inclusion, eligibility notice, designation notice |
| Leave Verification | Qualifying reason, medical certification, duration limits, intermittent leave tracking |
| Health Benefits | Insurance continuation, premium payment tracking, employee notification |
| Job Restoration | Same/equivalent position, pay and benefits restoration, anti-retaliation |
| Training and Audits | Supervisor/HR training, policy review, self-audit procedures |
FMLA Compliance Checklist
Employer Coverage Verification
- ☐Business has 50 or more employees within a 75-mile radius
- ☐Employee has worked for the business for at least 12 months
- ☐Employee has worked at least 1,250 hours in the last 12 months
FMLA Notices and Documentation
- ☐FMLA poster is displayed in a visible location
- ☐FMLA information included in employee handbook or provided to new hires
- ☐Employee given "Notice of Eligibility and Rights & Responsibilities" within 5 business days
- ☐Employee provided written leave request detailing the reason
- ☐"Designation Notice" given within 5 business days after eligibility determination
Leave Request Verification
- ☐Leave request qualifies for FMLA leave
- ☐Medical certification received (if required) and filed separately
- ☐Leave duration verified (does not exceed 12 weeks in a 12-month period)
- ☐Intermittent leave (if applicable) properly tracked
Employee Health Benefits
- ☐Group health insurance coverage maintained during leave
- ☐Employee informed of premium payment responsibility
- ☐Premium payments properly tracked
Job Restoration
- ☐Employee restored to the same or equivalent position
- ☐Pay, benefits, and terms equivalent to pre-leave status
- ☐No retaliation or discrimination for taking FMLA leave
Training and Policy Review
- ☐Supervisors and HR staff trained on FMLA requirements
- ☐FMLA policies reviewed for compliance with federal regulations
- ☐Compliant with both federal FMLA and applicable state leave laws
- ☐Periodic self-audit conducted
How to Use This Checklist
1. Start at the first leave request
Begin using this checklist as soon as an employee requests FMLA leave or you become aware of a qualifying event.
2. Verify eligibility first
Confirm the three eligibility criteria (50 employees, 12 months of service, 1,250 hours) before proceeding.
3. Follow the notice deadlines
The eligibility notice and designation notice each have a 5-business-day deadline.
4. Track intermittent leave carefully
Intermittent FMLA leave is the most common source of compliance issues. Record each absence separately.
5. Check state leave laws
Many states have their own family and medical leave laws with different eligibility thresholds.
6. Conduct annual self-audits
Review completed checklists from the past year to identify recurring gaps.
Frequently Asked Questions
Common questions about FMLA compliance.
An employee is eligible if they have worked for a covered employer for at least 12 months, have logged at least 1,250 hours in the 12 months preceding the leave, and work at a location where the employer has 50 or more employees within a 75-mile radius.
FMLA covers the birth or placement of a child for adoption or foster care, caring for a spouse, child, or parent with a serious health condition, the employee's own serious health condition that prevents them from performing their job, and qualifying exigencies related to a family member's military service.
Eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave in a 12-month period. For military caregiver leave, the entitlement is up to 26 workweeks in a single 12-month period.
Yes. FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. The employer may require the employee to provide medical certification supporting the need for intermittent leave and may request recertification periodically.
Employers must maintain the employee's group health insurance coverage during FMLA leave under the same terms as if the employee had continued to work. The employee remains responsible for paying their share of the premium.
Employees can file complaints with the U.S. Department of Labor or pursue private lawsuits. Remedies may include back pay, front pay, lost benefits, actual monetary losses, and liquidated damages equal to the amount of back pay. Willful violations can result in additional penalties.
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