Complying With the FMLA Checklist The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for certain family and medical reasons. In addition to providing eligible employees with leave for qualifying reasons, covered employers must maintain employees’ health bene昀椀ts during leave and restore employees to their same (or equivalent) jobs after leave. This checklist outlines key steps for employers to comply with the FMLA. Keep in mind that complying with the FMLA may involve additional steps depending on the facts of a speci昀椀c situation. Also, many states (and some localities) have their own family and medical leave laws that provide broader leave protections to employees. Employers will need to comply with the FMLA and any applicable state and local leave laws. General Requirements Covered Employers Is your company subject to the FMLA? Yes No Select “yes” if your company is any of the following: • A private-sector employer with 50 or more employees in 20 or more workweeks in the current or preceding calendar year; • A public agency (including state and local governments and governmental agencies) of any size; or • A public or private school (elementary or secondary) of any size. FMLA Requirements Display the FMLA poster in plain view where employees and applicants can readily see it. Completed A model poster is available from the U.S. Department of Labor (DOL). Employers may use the model poster, create their own poster or use another format, as long as it provides all of the information in the model poster and meets all of the posting requirements. If your company has employees eligible for FMLA leave, provide employees with a general notice about the FMLA in the employee handbook or other written materials about leave Completed and bene昀椀ts. Employers can use the text from the DOL’s model poster for this notice or another format as long as it provides all of the information in the model poster. Create and maintain records related to FMLA compliance (e.g., copies of FMLA notices Completed and dates of FMLA leave). These records must be kept for at least three years.