FMLA Papers

I recently started a job where FMLA paperwork for all employees are filed together in one file.

I have always maintained the FMLA paper work in the employee's medical file.
I was looking for pros and cons of each method. Thanks for your assistance


  • 5 Comments sorted by Votes Date Added
  • FMLA paperwork should be filed separately from the employee's personnel file. I put all FMLA paperwork in the employee's medical file which is in a separate, locked, filing cabinet.
  • I have also been filing FMLA papers in the medical file. However, I attended a Law Update seminar last week and the presenting attorneys highly suggested keeping a seperate FMLA file. They cited recent instances of the DOL coming in and wanting copies of all FMLA papers for the last year. One of the client companies had to go through everyone's medical file to pull out the copies and it did not set well with the investigator. The other client company had seperate FMLA files and had the requested info together. Soooo, from a legal standpoint I don't think you need a seperate file but for convience sake, maybe.
  • With the new HIPAA regulations, this information would most definitely be required to be kept separate from the personnel files. It was previously, but now even more so it is important to file person medical information separately.
  • Popeye: I've never heard of this being a legal requirement. Dear God...we will be keeping 10 separate files on each employee before long. I think this is more for the convenience of the investigator/auditor.
  • You are correct. Not a legal requirement but the attorney was stating from a logistics factor it presents a better perception to an investigator if you can pull the requested documents immediately.

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