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Record Keeping Requirements under FMLA

The Family Medical Leave Act "FMLA" is one of the many federal laws employers are struggling to understand and to apply. The FMLA, with its broad definitions of medical conditions and generous leave provisions, can be difficult to administer and burdensome to follow. In addition, it has been increasingly abused by employees. Employers need to know what steps they must take to comply with the law, as well as what preventative steps they can take to reduce employee abuse of the leave provisions. Agenda 1. Record Keeping Requirements under FMLA 1. Record Retention Policies 2. Document Destruction Policies 3. FMLA Medical Filing 4. FMLA Required Records 2. Recent FMLA Decisions Speaker Michael J. Sciotti is an attorney with the law firm of Hancock & Estabrook, LLP. He is a graduate of the Rochester Institute of Technology (B.S. degree) and the Syracuse University College of Law (J.D. and LL.M. degrees.) Mr. Sciotti is a partner with the firms Labor and Employment Law Department. His practice area includes jury trials, investigations, labor audits, supervisory and employee training, and claims under the Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Fair Labor Standards Act, Family and Medical Leave Act, Employee Retirement Income Security Act, New York State Human Rights Law, New York State Workers Compensation Law, New York State Labor Law and employment agreement disputes. He is a member of the American Bar Association, New York State Bar Association, Onondaga County Bar Association, Northern District of New York Federal Bar Association, New York State Academy of Trial Lawyers, Association of Trial Lawyers of America, Federal Bar Association, Federal Bar Council, Society For Human Resource Management and Defense Research Institute. Mr. Sciotti has spoken at numerous seminars on a wide variety of labor and employment topics, and is a mediator, arbitrator and early neutral evaluator for the United States District Court for the Northern District of New York. He has authored many articles in the labor and employment area including: "What is USERRA?" (Society For Human Resource Management); "Who is an Employee Under Federal Discrimination Laws?" (New York State Bar Association); "Sexual Harassment: To What Extent Need the Conduct Be Sexual in Nature" (New York State Bar Association); "The New York State Flag Discrimination Statute" (New York State Bar Association); "SarbanesOxley Act of 2002 Whistleblower Protections" (New York State Bar Association); "Damages Under the Family and Medical Leave Act" (Defense Research Institute); "Gender Discrimination: A Heightened Standard for Male Plaintiffs?" (Defense Research Institute); and 20012002 Employment Law Survey for the Syracuse Law Review. Mr. Sciotti is admitted to practice law in New York State and Washington, D.C. He is also a member of the bar of the United States Supreme Court, United States Court of Appeals for the Second Circuit, United States District Courts for the Northern & Western Districts of New York and was formerly general counsel to A.W.I. Environmental Services, Inc.

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