New FMLA forms issued by U.S. Department of Labor

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The Family and Medical Leave Act (FMLA) requires employers to provide employees with notices to employees. These notices are intended to inform employees about their FMLA rights and to make sure the employer and employee share the same understanding of the terms of their FMLA leave. The FMLA Notice Forms are:

  • The FMLA Poster
  • Eligibility Notice: informs employees of their eligibility or ineligibility for FMLA leave
  • Rights and Responsibilities Notice (combined with Eligibility Notice): informs employees of their obligations associated with FMLA leave
  • Designation Notice: informs employees whether their FMLA leave has been approved, the amount/duration of leave or whether additional information is needed

When administering FMLA leave, employers may request information from employees to certify they are entitled to FMLA leave. The FMLA Certification Forms are:

  • Employee’s Serious Health Condition: for an employee’s medical condition
  • Family Member’s Serious Health Condition: for the medical condition of an employee’s family member
  • Qualifying Exigency: for foreign deployment of employee’s spouse, son, daughter or parent
  • Military Caregiver Leave of a Current Service Member: for an employee caring for a family member who is a current service member
  • Military Caregiver Leave of a Veteran: for an employee caring for a family member who is a veteran

On July 20, 2020, the U.S. Department of Labor issued new Notice Forms and Certification Forms for use by employers when administering FMLA leave. While an employer can continue to use the old DOL forms, the new versions are simpler and easier to use. Further, the forms can be completed online and saved electronically. The new forms may be found here: https://www.dol.gov/agencies/whd/fmla/forms.

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.

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