If you administer Family and Medical Leave Act (FMLA) leaves for your company, you are probably all too familiar with the many forms involved. This past March we acknowledged that the forms provided by the Department of Labor (DOL) had expired as of February 28, 2015, but could be used until new forms were released.
Surprise! Those expired FMLA forms have finally been revised and updated by the DOL. As we noted in our March post, the DOL forms are typically only good for three years at a time, thanks to the Paperwork Reduction Act of 1995. As expected, the new forms, released over the Memorial Day weekend, are good until May 31, 2018.
At first glance, the forms don’t look much different. However, the DOL has added a note regarding the Genetic Information Nondisclosure Act (GINA). For example, on the Certification of Health Care Provider forms, health care providers are warned, “Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. § 1635.3(b).” This is similar to the disclaimer we recommend all employers use when requesting medical information related to Workers’ Compensation or issues covered by the Americans with Disabilities Act. For more information about GINA and to read the disclaimer we recommend, see our post “Time to Talk about GINA” .
No worries if you are still using up some of the older FMLA forms. The DOL will likely deem those acceptable for a while. But, if you would like to update your files, you can find free downloads of all the new forms on the DOL website or by clicking the links below:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (pdf)
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (pdf)
- WH-381 Notice of Eligibility and Rights & Responsibilities (pdf)
- WH-382 Designation Notice (pdf)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (pdf)
- WH-385 Certification for Serious Injury or Illness of Current Servicemember — for Military Family Leave (pdf)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (pdf)
If you have questions about FMLA administration, send an email our way. Write to hrhelpline@eastcoastrm.com and we will be happy to help.
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