Leave Management Monday: Keep Your FMLA Records Close (and for at Least Three Years)

Did you know the FMLA doesn’t just require you to provide leave — it also requires you to prove you provided it? Under 29 C.F.R. § 825.500, covered employers must keep FMLA-related records for three years. That includes dates of leave, notices given, and medical certifications.

But here’s the catch: federal rules are just the baseline. States like CA, NJ, and NY have their own spin on family leave, and smart employers are retaining documentation longer to stay litigation-ready.

Need help crafting a policy that keeps your records compliant and defensible? Let’s talk.

More Resources

Year-end is the perfect window to tighten the records that protect your people and your program. A clean, chronological file can be the difference between a quick resolution and a costly dispute in 2026—especially where FMLA, ADA, PWFA, and state

Regulators are sending a clear message: employers must be proactive when it comes to ADA, FMLA, and PWFA compliance. Recent EEOC enforcement actions highlight common missteps, including: Lesson learned: Compliance is about more than paperwork. Employers need clear policies, well-trained