It’s been widely publicized and the U.S. Department of Labor (DOL) is telling employers to be ready for increased FMLA enforcement through audits. Although the DOL has always had the authority to conduct FMLA audits, the agency has been ramping up its efforts and taking a more aggressive approach in its investigations.
In the past, FMLA audits were usually triggered by an employee complaint or employer violation trends. Recently, however, the DOL has been initiating more audits on its own, without any triggering event. The DOL’s new approach focuses on “systemic” FMLA compliance issues. These are issues that affect multiple employees or multiple employer locations, rather than a single person or work site.
Employers that are not prepared for an audit may be subject to costly settlements, fines and penalties.
Our partners at Zywave have issued a Compliance Bulletin outlining how to prepare for a DOL audit and how to do your own internal FMLA audit, notices, posters and record keeping. You can download it here: DOL Increases FMLA Enforcement.
The Flanders Group also has additional resources to assist with FMLA compliance. Contact Tiffany Passmore at 800-462-6435 or [email protected]