Page 22 - BusinessWest May 2, 2022

The DOL Is Set to Ramp Up Audits
Here Are Steps Employers Can Take to Ensure FMLA Compliance
By Alexander J. Cerbo, Esq.
The Department of Labor (DOL) hasannounced it intends to increaseFamily and Medical
Leave Act (FMLA) audits on employ- ers. Businesses across many indus- tries continue to face scrutiny by the DOL on their FMLA procedures due to an increase in FMLA violations.
Prepare yourself now and give your
FMLA procedures a spring cleaning. The following steps are a great way to stay prepared:
Review your FMLA policy. It needs to include eligibility requirements (i.e., the reasona for FMLA leave), call-in procedures, an explanation of benefit rights during leave, and much more.
In addition to providing your FMLA
policy in your handbook, post it promi- nently where it can be viewed by your employees and applicants. Keep in mind that if a substantial portion of your workplace speaks a language other than English, you must provide the poster in that language as well.
Review your FMLA forms. Examine all existing forms to ensure they com-
ply with FMLA regulations. The DOL loves to examine FMLA forms during an audit. You will also want to review legally compliant correspondence that may apply to FMLA leave.
Review your FMLA practices and procedures. When doing so, ask your- self: What procedures are used by my managers when an employee reports an absencethat may be covered by
the FMLA? Do our procedures ensure that all requests for leave,regardless
of whether “FMLA leave” is expressly requested, reach the appropriate man- ager or HR? Do we have procedures in place for contacting employeeswhile they are on FMLA leave? All these ques- tions and others are important to keep in mind.
Also, be sure to maintain all employ- ee data the DOL will want to see. Keep in mind the DOL tends to conduct broad record requests, so you will
want to make sure your recordkeep- ing is consistent with all regulations
Audits
Continued on page 24
The Royal Law Firm
is a Woman-Owned Corporate Law Firm Servicing New England
413.586.2288 www.TheRoyalLawFirm.com
A Certified Women’s Business Enterprise
CERTIFIED WITH THE FOLLOWING ORGANIZATIONS:
The Massachusetts Supplier Diversity Office
The United States Small Business Administration’s Federal Contracting Program The National Association of Minority and Women Owned Law Firms
The Women’s Business Enterprise National Council
22 MAY 2, 2022
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