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The Employee Leave Request Determining Employee's Eligibility Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice Determining Employee's Eligibility Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Issuing the Company Response Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Determining Employee's Eligibility Tracking the Employee’s Leave
The Mandatory Employee Notice The Employee Leave Request Determining Employee's Eligibility Issuing the Company Response

STEP 5: Tracking the Employee's Leave

Still with us? Great. Now it’s time to begin monitoring your employee’s leave. There are a number of great solutions that can ensure your recordkeeping efforts are compliant with state and federal requirements. ComplyRight’s FMLA Leave Tracker allows you to see at-a-glance how much FMLA leave a single employee has left.

Ways Employees May Take FMLA Leave

There are generally three ways that your employees may take family and medical leave under the FMLA.

  • An eligible employee may take leave in one continuous block of time.
  • An eligible employee may take intermittent leave. This is when he or she is taking leave in separate blocks of time due to the same FMLA qualifying condition. This may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken on an occasional basis or leave taken several days a time spread over a number of months. When intermittent leave is used for birth, adoption or foster care of a child, you and your employee must agree to the schedule. All FMLA leave for these reasons must take place within one year after the birth or placement of the child.
  • Finally, an eligible employee may take leave on a reduced work schedule. This occurs when the leave schedule reduces the employee’s usual number of hours per workweek or hours per workday.

It is your responsibility to work with the employee to accurately track the amount of FMLA time an employee uses. In some cases, the process of tracking FMLA leaves is fairly simple and straightforward. For other leaves, particularly intermittent leaves, this process requires additional tracking and may be more complex.

Recommended Soutions

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Do’s & Dont's

DO ask employees to notify you if there are any changes to their expected leave dates.

DON’T let employees taking intermittent/reduced work schedule leave abuse the privilege and disrupt the workplace. Employees needing intermittent FMLA or FMLA leave on a reduced-leave schedule must attempt to schedule their leave so as to not disrupt your business operations. If an employee can obtain necessary medical treatments during non-working hours or on his/her day off, your employee must try to do so.

DO calculate along the way. When you receive FMLA leave information, calculate the FMLA time used and figure the amount of time the employee has left. It is your responsibility to track if and when an employee has exhausted his or her 12 weeks of FMLA.

DON’T forget to request recertification of an employee’s need for intermittent leave. You are generally able to request recertification of your employee’s need for intermittent/reduced work schedule leave at least once every 30 days. You should take advantage of opportunities to request such recertification to ensure that the need for leave still exists.

DO record all time missed due to FMLA circumstances. This could include appointments with doctors, physical therapists, etc.

DON’T forget that employees may be entitled up to 26 weeks of leave in a 12-month period to take care of a family member with a serious injury or illness incurred while on active duty in the Armed Forces.

Do remember that upon expirations of FMLA leave, you must return an employee to the same or equivalent position held before leave, with equivalent benefits, pay and other terms and conditions of employment.