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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Leech Tishman is a firm dedicated to providing full-service commercial legal services to individuals, businesses, and institutions. We combine a deep understanding of our clients and their businesses with skilled legal counsel to find solutions. Leech Tishman offers legal services in alternative dispute resolution, bankruptcy & creditors’ rights, construction, corporate, employment, energy, environmental, safety & toxic torts, estates & trusts, government relations, insurance coverage & corporate risk mitigation, intellectual property, internal investigations, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York and Wilmington, DE. For more information call 412.261.1600 or visit us at www.leechtishman.com.