Department of Labor Publishes New Model FMLA Forms

On May 27, 2015, the U.S. Department of Labor (“DOL”) published new model Family and Medical Leave Act (“FMLA”) forms. The previous forms had an original expiration date of February 28, 2015, which the DOL extended to allow employers to continue to use the expired forms until new ones were issued.

The model forms include various certifications and notices that may be used by employers in administering FMLA leave. While these forms have been updated, there are no major changes. However, the Certification of Health Care Provider forms now include the Genetic Information Nondiscrimination Act (“GINA”) “safe harbor” language, which directs medical providers not to provide information about genetic tests, genetic services, or the manifestation of disease or disorder in an employee’s family to an employer.

As with the previous forms, use of the new model forms is not mandatory.  However, the model forms help to ensure that employers provide the required notices and additionally, help to prevent employers from asking for health-related information that may run afoul of GINA or similar laws.

The new forms can be found here. Employers that have been using the expired forms should begin to use the new forms in the administration of FMLA leave.

Leech Tishman can assist your organization to ensure it uses the appropriate forms and administers FMLA leave in accordance with the law.

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