Can the government force my boss to hand over all their HR files if I file a complaint?

The situation

I live in Ohio and I am having a really hard time with my current job at a large manufacturing plant. Back in February of this year, I requested three weeks of unpaid leave to take care of my mother who had a major surgery, but my supervisor, Mike, told me that my request was denied because we were too busy with a big order. I tried talking to our HR department last week to explain that I thought I was entitled to that time off, but they just brushed me off and told me there was nothing they could do about it. It has been about four months since the incident, and now I am thinking about filing a formal complaint with the Department of Labor to see if they broke any rules regarding medical leave. My main concern is how the investigation actually works. If I file this complaint, does the government have the power to actually look at my company's private payroll and attendance records to see if they are treating everyone fairly? I am worried they might say they can't check anything unless I have a mountain of proof first, or if they are only allowed to check once a year. Can they actually subpoena my boss's files to prove what happened?

Detailed Analysis

If you file a formal complaint regarding your denied unpaid leave from February, the Department of Labor (DOL) has significant investigative powers. Under the Family and Medical Leave Act (FMLA), the Secretary of Labor has "the investigative authority provided under section 211(a) of this title"^[1]. This means the government can look into your company's practices to see if they followed the law.

Regarding your concern about the frequency of these checks, the law generally states that "The Secretary shall not... require any employer... to submit to the Secretary any books or records more than once during any 12-month period"^[1]. However, there is a major exception for your situation: they can request records more often if they have "reasonable cause to believe there may exist a violation" or if they are actively investigating a specific charge^[1]. Since you are filing a complaint about your specific denial of leave, the government would likely have the justification needed to look at your records more than once a year.

Furthermore, the government does not need you to provide a "mountain of proof" before they start. The law gives the Secretary "the subpoena authority provided for under section 209 of this title"^[1]. A subpoena is a legal order that forces a person or company to hand over documents or testimony. This power allows the government to compel your boss to turn over the very files you are worried about, such as attendance and payroll records, to determine if the company is treating employees fairly.

Additionally, employers are legally required to "make, keep, and preserve records pertaining to compliance" with these laws^[1]. This means your employer should already have the documentation necessary to prove whether they followed the rules when Mike denied your request.

Statutory Citations

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