The Ultimate FMLA Compliance Checklist

The Family and Medical Leave Act (FMLA) has been rightly hailed as breakthrough legislation for helping employees to manage their lives, without having to worry about job security. We’re all for that. Happy employees are productive employees.

Yet for HR professionals, FMLA is also one of the most complex and high-risk employment laws to administer. What should be a straightforward benefit often becomes a web of documentation requirements, tracking challenges, and legal exposure. In that sense, employee leave legislation is a well-intended nightmare.

This FMLA compliance checklist is designed to function as both a practical reference and a living FMLA compliance guide, helping employers reduce risk while still supporting employees.

Why FMLA Compliance is So Challenging

How did a progressive policy become a minefield of potential lawsuits and fines? In addition to FMLA itself, related federal regulations like the ADA add layers of complexity. Meanwhile, many states and large cities have enacted their own family and medical leave laws, creating overlapping and sometimes conflicting requirements.

Unlike most compliances mandates, FMLA does not come with an employer-friendly user guide. That’s why having a documented, repeatable FMLA compliance checklist is essential, especially for multi-state employers.

But first, let’s acknowledge this:  HR professionals have one of the most demanding jobs in the corporate world. They manage people, policies, and compliance, often without any legal training. A strong FMLA compliance guide helps bridge that gap by turning legal obligations into standard operating procedure. What Employers Need to Know About Increased FMLA Enforcement

In December 2013, the Department of Labor (DOL) appointed a new FMLA enforcement leader, signaling a shift toward more aggressive oversight in 2014. Since then, employers have seen a rise in investigations and broader enforcement tactics. (Benefits Link. "New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations." April 23, 2014. https://benefitslink.com/news/index.cgi/view/20140423-113349)

Key enforcement trends that should be reflected in every FMLA compliance checklist include:

• On-site, ad hoc investigations are now common – DOL enforcers are increasingly conducting on-site visits — even without a formal complaint. Even employers with  strong records are not exempt. Investigators may review records, interview employees, and examine leave procedures in real time.
• Systemic FMLA reviews are expanding – Much like the EEOC, the DOL is requesting multi-year data across locations and departments. A defensible FMLA compliance guide must account for consistency across the organization.
• Employee interviews are standard practice –  Investigators routinely interview supervisors and employees to confirm they understand your FMLA policy and processes. Front-line managers should be able to clearly explain how a leave request is handled from start to finish.

Given DOL’s increased enforcement activity in this area, even employers who believe they are fully compliant should be prepared for an FMLA investigation. (KingSpry Law. "DOL Visits for FMLA Compliance." 2014. https://kingspry.com/dol-employers-dont-say-didnt-warn-site-visits-fmla-compliance/)

Staying on Track With Your FMLA Compliance Checklist

Accurate FMLA tracking is one of the most effective ways to demonstrate compliance.. Tracking is also the foundation of any reliable FMLA compliance guide because it reveals where policies break down in real-world scenarios.

According to the 2013 ERC FMLA Practices Survey, "tracking" is the number one challenge for 40% of survey participants, up 12% since the survey was last published in 2011. (HR.com. "FMLA Enforcement on the Rise." 2014. https://www.hr.com/en?t=/blogs/blog.show&blogid=1401803539314&page=69) Methods vary widely, from spreadsheets and timesheets to payroll systems and third-party administrators. Add in inconsistent rules around concurrent PTO usage, and it’s easy to see why errors occur.

An effective FMLA compliance checklist should require:

• Centralized leave tracking
• Clear rules for paid and unpaid leave coordination
• Flexibility for one-off scenarios
• Documentation that stands up during audits

Best-in-class systems integrate leave management with time tracking and are designed to reflect both federal and state requirements.  Just as important, they have the flexibility to adapt when exceptions arise. And as we’ve pointed out, exceptions are often what trigger investigations.

Top 10 FMLA Compliance Checklist Best Practices

We know that managing employee leave is not easy. Even if you have a well-designed leave policy, that’s good, but not good enough. Over time, supervisors and employees alike stretch, patch, circumvent, and otherwise compromise the rules to the point that control breaks down. So how do we ensure that helping employees can co-exist with compliance? Here’s the actionable core of your FMLA compliance checklist for day-to-day compliance:

1. Get Executive Support

Executive buy-in reinforces the importance of compliance and provides cover when difficult decisions must be enforced.

2. Build Flexibility, Avoid Exceptions

Make sure the policy is flexible to accommodate the one-off situations that inevitably arise. Once employees operate outside policy, compliance becomes nearly impossible to restore.

3. Communicate Clearly

Transparency matters. Employees should understand expectations, eligibility, and processes—without surprises.

4. Train Front-line Supervisors

Supervisors are often the first point of contact. If they don’t understand FMLA, your compliance checklist fails immediately.

5. Provide a Help Desk

A dedicated resource ensures consistent application of policy and reduces well-intentioned mistakes.

6. Automate Wherever Possible

Automation improves accuracy and visibility. Employees should be able to view balances, approvals, denials, and documentation in one place.

7. Manage Intermittent Leave Carefully

FMLA allows employers to coordinate scheduling when possible. This should be clearly outlined in your FMLA compliance guide.

8. Require Timesheets

Time tracking is essential. Without it, leave categorization and documentation fall apart.

9. Review Policies Regularly

Make the commitment to review and refine policies and processes on a regular basis. Quarterly reviews are a good idea to identify gaps in tracking, compliance, morale, and clarity across the organization.

10. Seek Outside Expertise

This will keep you up-to-date on legal and regulatory developments. As we’ve seen, this is a moving target, and the stakes are high. External audits, legal reviews, and HR peer resources help keep your FMLA compliance checklist current.

The Way Forward

The phrase "May you live in interesting times" is often claimed to be an ancient Chinese curse, though this is actually a misconception.^[5] The saying has no known Chinese origin; rather, it appears to have emerged from British diplomatic circles in the early 20th century.^[5:1][6] Joseph Chamberlain, a British statesman, used similar wording in speeches around 1898, stating "I think that you will all agree that we are living in most interesting times."^[5:2] Regardless of its true origins, the phrase resonates because it captures an enduring truth about uncertainty. (Quote Investigator. "Quote Origin: May You Live In Interesting Times." December 18, 2015. Research by Garson O'Toole on the origins of the phrase. https://quoteinvestigator.com/2015/12/18/live/)

These are truly interesting times to be an HR professional. As HR’s influence grows, so does its legal and fiduciary responsibility. FMLA sits squarely at the intersection of employee support and employer risk.

A well-maintained FMLA compliance checklist transforms FMLA from a liability into a manageable process. Combined with a clear FMLA compliance guide, employers can protect themselves while still supporting their workforce.

At the core of every leave program is accurate, integrated leave tracking.

DATABASICS’ Employee Leave Management system supports organizations by operationalizing their FMLA compliance checklist, providing automation, audit trails, reporting, and flexibility where exceptions are the rule. If we’re going to live in interesting times, having the right partner makes all the difference.

ABOUT DATABASICS

DATABASICS is driven to meet the most demanding time and expense management challenges for organizations throughout the world with a combination of deep expertise, next-gen technology and a focus on the unique needs of each customer. Powered by decades of experience, DATABASICS is in the business of solving time and expense problems with solutions that are the right choice for today and easily adapt to the uncertainties of tomorrow. Time and expense are better together, which is why DATABASICS addresses these two critical business processes with absolute ease in one solution.