Department of Labor Issues Updated FMLA Forms - June 2015

Thompson Coburn LLP
Contact

On May 28, 2015, the U.S. Department of Labor (“DOL”) issued updated model Family and Medical Leave Act (“FMLA”) certification and notification forms, with a new expiration date of May 31, 2018. Employers using the DOL forms need to use the updated forms from now on. Here is the link:

Link to FMLA Forms:
http://www.dol.gov/whd/fmla/

What Are the Substantive Changes to the Updated Forms?

The only real substantive change to the 2015 forms is to specifically reference the Genetic Information Nondiscrimination Act (“GINA”) and advise health care providers to comply with GINA regulations not to provide genetic information when completing the forms. The changes are found in:

  • Section I for Employer and Section III for Health Care Provider of the Certification of Health Care Provider for Employee’s Serious Health Condition form and Certification of Health Care Provider for Family Member’s Serious Health Condition form;
  • Instructions to Employer and Instructions to Health Care Provider of the Certification for Serious Injury or Illness of Current Service Member – for Military Family Leave form; and 
  • Notice to Employer and Instructions to the Health Care Provider of the Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave form.

No substantive changes were made to the Notice of Eligibility and Rights & Responsibilities, Designation Notice, or Certification of Qualifying Exigency for Military Family Leave forms.

Many employers already have their own FMLA forms that include similar provisions to address GINA requirements and, therefore, these employer FMLA forms should not require any changes. If an employer uses the DOL FMLA forms, the updated forms should be used going forward.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thompson Coburn LLP | Attorney Advertising

Written by:

Thompson Coburn LLP
Contact
more
less

Thompson Coburn LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.