Decatur County Community Schools
Administrative Guidelines
 

1630.01B - FMLA RECORDKEEPING REQUIREMENTS

The Business Manager is responsible for making, keeping, and preserving all relevant records pertaining to the School Board's obligations under the FMLA in accordance with the recordkeeping requirements of Section 11(c) of the Fair Labor Standards Act (FLSA) and in accordance with the final regulations applicable to the FMLA. Specifically, the Business Manager is charged with keeping/preserving the records identified below in accordance with the Corporation's Records Retention Schedule (see AG 8310A), and under no circumstances shall said records be kept for less than three (3) years. The records shall be available for inspection, copying, and transcription by representatives of the Department of Labor upon request.

The Business Manager shall maintain records that disclose the following:

 

A.

Basic payroll and identifying employee data, including name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.

   
 

B.

Dates FMLA leave is taken by FMLA eligible employees (e.g., available from time records, requests for leave, etc., if so designated). Leave must be designated in records as FMLA leave; leave so designated may not include leave required under State law or a Board plan which is not also covered by FMLA.

   
 

C.

If FMLA leave is taken by eligible employees in increments of less than one (1) full day, the hours of the leave.

   
 

D.

Copies of employee notices of leave furnished to the Corporation under FMLA, if in writing, and copies of all written notices given to employees as required under the FMLA and its implementing regulations (see 29 C.F.R. Section 825.300(b) through (c)). Copies may be maintained in employee personnel files.

   
 

E.

Any documents (including written and electronic records) describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.

   
 

F.

Premium payments of employee benefits.

     
 

G.

Records of any dispute between the Corporation and an eligible employee regarding designation of leave as FMLA leave, including any written statement from the Superintendent or employee of the reasons for the designation and for the disagreement.

Records and documents relating to certifications, recertifications or medical histories of employees or employees' family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files. If the Genetic Information Nondiscrimination Act of 2008 (GINA) is applicable, records and documents created for purposes of FMLA leave containing family medical history or genetic information as defined by GINA shall be maintained in accordance with the confidentiality requirements of Title II of GINA (29 C.F.R. 1635.9), which allow for disclosure consistent with FMLA requirements. If the ADA, as amended, is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements (see 29 C.F.R. 1630.14(c)(1)), except that:

 

A.

supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;

     
 

B.

first aid and safety personnel may be informed (when appropriate) if the employee's physical or medical condition might require emergency treatment; and

     
 

C.

government officials investigating compliance with FMLA (or other pertinent laws) shall be provided relevant information upon request.

Approved 6/11/14

© Neola 2013