1. (a) FMLA provides that covered employers shall make, keep, and preserve records pertaining to their obligations under section 31-51rr of the Connecticut General Statutes in accordance with the recordkeeping requirements of section 11(c) of the FLSA and in accordance with these regulations. These regulations establish no requirement for the submission of any records unless specifically requested by a Labor Departmental official.
2. (b) No particular order or form of records is required. These regulations establish no requirement that any employer revise its computerized payroll or personnel records systems to comply. However, employers must keep the records specified by these regulations for not less than three (3) years and make them available for inspection, copying, and transcription by representatives of the Labor Department upon request. The records may be maintained and preserved on microfilm or other basic source document of an automated data processing memory provided that adequate projection or viewing equipment is available, that the reproductions are clear and identifiable by date or pay period, and that extensions or transcriptions of the information required herein can be and are made available upon request. Records kept in computer form must be made available for transcription or copying.

3. (c) Covered employers who have eligible employees must maintain records that must disclose the following:

   1. (1) Basic payroll and identifying employee data, including name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.
   2. (2) Dates FMLA leave is taken by FMLA eligible employees. Leave must be designated in records as FMLA leave; leave so designated may not include an employer plan which is not also covered by FMLA.
   3. (3) If FMLA leave is taken by eligible employees in increments of less than one full day, the hours of the leave.
   4. (4) Copies of employee notices of leave furnished to the employer under FMLA, if in writing, and copies of all written notices given to employees as required under FMLA and these regulations. Copies may be maintained in employee personnel files.
   5. (5) Any documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.
   6. (6) Premium payments of employee benefits.
   7. (7) Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.
4. (d) Covered employers with no eligible employees must maintain the records set forth in subsection (c)(1) of this section.

5. (e) If FMLA-eligible employees are not subject to FLSA’s recordkeeping regulations for purposes of minimum wage or overtime compliance, an employer need not keep a record of actual hours worked, provided that:

   1. (1) Eligibility for FMLA leave is presumed for any employee who has been employed for at least twelve (12) months; and (2) With respect to employees who take FMLA leave intermittently or on a reduced leave schedule, the employer and employee agree on the employee’s normal schedule or average hours worked each week and reduce their agreement to a written record maintained in accordance with subsection (b) of this section.

6. (g) Records and documents relating to certifications, recertifications or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files. If the federal Genetic Information Nondiscrimination Act of 2008 (GINA) is applicable, records and documents created for purposes of FMLA containing family medical history or genetic information as defined in GINA shall be maintained in accordance with the confidentiality requirements of Title II of GINA, which permit such information to be disclosed consistent with the requirements of FMLA. If the ADA, as amended, or CFEPA is also applicable, such records shall be maintained in conformance with ADA and CFEPA confidentiality requirements, except that:

   1. (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;
   2. (2) First aid and safety personnel may be informed if the employee’s physical or medical condition might require emergency treatment; and (3) Government officials investigating compliance with FMLA or other pertinent law shall be provided relevant information upon request.

(Effective May 12, 2014)