The Department of Labor (DOL) will once again be on the prowl for both FMLA and Wage & Hour violations in the coming year – especially in the logistics and warehousing industries. Employers across all industries saw an uptick of audits back in 2014, when DOL made good on their promise to increase the frequency of investigations. There was a notable decline in these audits during the last administration, but expect to see them start ramping back up – and be ready!

We’ve often been told by employers, “We just let employees take what they need when they need it.” This usually means, “We don’t really track unpaid leave.” If you’re a small, private employer offering FMLA-adjacent leave out of the goodness of your heart - no harm, no foul.  If you’re a public employer, or a private employer with more than 50 full time employees within a 75 mile radius – that lax approach won’t cut it when the government comes calling. 

Here are some good questions to help determine how compliant your business is: 

• Do FMLA regulations apply to your organization? 
• Do you have a written FMLA policy in place? 
• Does the policy address/define: eligibility requirements, call-in procedures, employee obligations & rights, medical certification process and outside work restrictions while on leave?
• Do you have legally compliant FMLA forms in place?
• Is your FMLA poster displayed somewhere prominent in the workplace, like a breakroom?
• Are you accurately tracking both consecutive and intermittent leave? 
• If you’re utilizing a third party for FMLA services, are they responsible for tracking leave, or only paperwork?

While the initial focus may be on the warehousing and logistics industries, employers of all sizes and  across all industries should be prepared for an audit of their FMLA procedures, and potential wage and hour audits. If you take the time now to tidy up recordkeeping procedures, it will save you a headache later if you are audited. FMLA documentation should include as much detail as possible and be kept for three years, in a separate location from the employee’s personnel file. DOL has a tendency to make very broad information requests, so there’s no such thing as too much information when it comes to these audits. 

Even small FMLA violations can come with steep fines, so it’s important that you understand your responsibilities and be diligent about adhering to them. If this all seems too overwhelming for your business and you’d prefer to hand it over to a professional, we can help. You may already know that SuretyHR can help manage your FMLA claims, but we can also help you create and update your policies and handbooks to remain compliant with state and federal laws. Please reach out to us at 440-249-5260 ext.153 with any questions, or for more information on our FMLA and HR services.