FMLA Documentation Tips: Protect Yourself

Introduction

In any FMLA situation, documentation is your best friend. If things go wrong, your records could make the difference between proving your case and losing your job.

What to Document

### Before Leave - Your FMLA request (keep copies) - Employer's eligibility notice - Rights and responsibilities notice - Completed certification forms - Any verbal conversations (date, time, who, what was said)

### During Leave - Check-in communications with work - Any changes to your leave plan - Medical appointments related to certification - Employer requests for information - Any unusual contact from your employer

### Returning to Work - Return-to-work clearance from doctor - Your job duties before leave - Your job duties after return - Any changes to pay, schedule, or responsibilities - Comments from managers or coworkers

How to Document

### Create a Paper Trail - Follow up verbal conversations with email > "Per our conversation today, you confirmed my FMLA leave is approved from [date] to [date]."

• Keep originals; give copies to employer
• Use certified mail for important documents

### The FMLA Journal

Keep a simple log: | Date | Event | People Involved | Notes | |------|-------|-----------------|-------| | 1/15 | Submitted WH-380-E | Gave to Jane (HR) | Made copy first | | 1/20 | Received approval | Email from HR | Saved to personal email |

### Digital Backup - Forward work emails to personal email - Screenshot any online HR portal submissions - Save documents to personal cloud storage

Red Flags to Document

Pay special attention to: - Comments suggesting frustration with your leave - Changes to your role discussed during leave - Unusual performance reviews near leave time - Inconsistent treatment compared to others - Denial of requests without clear reasons

What NOT to Do

• Don't rely on your employer's records alone
• Don't assume verbal approval is enough
• Don't delete any communications
• Don't skip documenting because "everything is fine"

Using Your Documentation

If problems arise: 1. Review your records for patterns 2. Present documented facts to HR 3. Share with DOL if filing complaint 4. Provide to attorney if consulting one

Conclusion

Documentation takes minutes but can save your career. Start the habit now—before you need it.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*