Department of Labor issues updated FMLA forms

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:

https://www.dol.gov/agencies/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.