The Department of Labor (DOL) has always had the right to conduct on-site visits during FMLA investigations, but they rarely materialize. At the 2013 DMEC FMLA/ADA compliance conference, Diane Dawson, the DOL branch chief at the time, announced “The DOL expects to increase the frequency in which it comes on-site during an FMLA investigation”.
At the same conference this year, the new DOL branch chief, Helen Applewhaite, announced that on-site investigations are the new norm. Investigations will involve employee interviews, as well as managers walking the investigator through an employees leave request. To ensure you are compliant with DOL regulations, take note of five common mistakes made by employers when managing FMLA outlined below to ensure you never have to worry about a DOL on-site visit again.
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