Tag: Recordkeeping

Question: Beyond reporting to our workers’ compensation carrier, does our business need to track and report on workplace injuries? Answer: Under the Occupational Health and Safety Administration (OSHA) recordkeeping regulation (29 C.F.R. 1904), covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This information…

Question: Under the Family and Medical Leave Act (FMLA), should leave information be maintained in a separate file? Answer: Records and documents relating to medical certifications, recertifications, or medical history of employees or employees’ family members created for purposes of any leave must be maintained as confidential medical records in separate files/records from the standard…

Question: Does the Americans with Disabilities Act (ADA) apply when an employee is not eligible for leave under the Family and Medical Leave Act (FMLA)? What paperwork is necessary? Answer: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave, an employer should explore its obligations to grant unpaid leave in…

Question:   I’ve taken over processing leaves of absence for my organization and have recently inherited several years worth of archived files for employees that are no longer with our organization.  How long do I need to keep leave files for terminated employees? Answer: The direct answer to your question is that FMLA records must be…