Document will be available ASAP.

This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel
for legal advice.
© 2015 Zywave, Inc. All rights reserved.
DOL Updates Model FMLA
Forms
The Family and Medical Leave Act of
1993 (FMLA) gives an eligible
employee the right to take unpaid,
job-protected leave in certain
situations, including the birth,
adoption or foster care placement of a
child, his or her own or a family
member’s serious health condition
and a family member’s military
service.
To administer FMLA leaves, employers
must provide certain notices to
employees, such as a notice
designating whether a requested
leave will qualify as FMLA leave.
Employers may also require that
employees provide certifcations to
substantiate their eligibility for certain
types of FMLA leave.
The Department of Labor (DOL) has
provided model notices and
certifcations to help employers
administer FMLA leaves. The DOL’s
model FMLA forms are optional;
employers may decide to customize
the DOL’s model forms or create their
own FMLA forms. The model FMLA
forms are available on the DOL’s
FMLA Web page.
The DOL’s model FMLA forms expired
on Feb. 28, 2015. After a few months
of extending the expiration date on its
model FMLA forms, the DOL recently
issued updated model forms. The
updated model FMLA forms include
the following changes:
 The updated model forms have an
expiration date of May 31, 2018;
and
 The model certifcation forms that
request medical information have
been updated to include
information on the Genetic
Information Nondiscrimination
Act (GINA).
• The model FMLA forms expired earlier
this year, on Feb. 28, 2015.
• The DOL repeatedly extended the
forms’ expiration date while the forms
were in the process of being updated.
• The DOL recently updated its FMLA
forms.
• The updated forms have an expiration
date of May 31, 2018, and include
information on the Genetic Information
Nondiscrimination Act.
Employers
that use the
model FMLA
forms should
start using the
DOL’s
updated
model forms
as soon as
possible. The
model FMLA
forms are
available on
the DOL’s
FMLA Web
page.
ion Steps: Employers
that use the model FMLA
forms should start using the
DOL’s updated models as
soon as possible. Employers
that have developed their
own forms should review the
DOL’s updated models to
make sure their own medical
certifcation forms contain
GINA information.
Employers should also
confrm that they are usingGINA Requirements
Title II of GINA, which applies to
employers with 15 or more
employees, prohibits employers from
discriminating against employees or
applicants based on genetic
information. GINA is enforced by the
Equal Employment Opportunity
Commission (EEOC).
Under GINA, employers may not
request genetic information, subject
to a handful of narrow exceptions. As
one of these exceptions, GINA permits
employers to request family medical
history as part of the certifcation
process for FMLA leave (or leave
under similar state or local laws or
pursuant to an employer policy),
where an employee is asking for leave
to care for a family member.
This exception does not apply when
an employee is asking for leave
because of his or her own serious
health condition. However, employers
do not violate GINA if they
inadvertently acquire genetic
information. An employer’s receipt of
genetic information in response to a
lawful request for medical information
is inadvertent when the request
specifcally directs the health care
provider not to provide genetic
information.
Updated Model FMLA Forms
The DOL updated the following model
FMLA forms:
 Certifcation of Health Care
Provider for Employee’s Serious
Health Condition (Form WH-380-E);
 Certifcation of Health Care
Provider for Family Member’s
Serious Health Condition (Form
WH-380-F);
 Notice of Eligibility and Rights &
Responsibilities (Form WH-381);
 Designation Notice (Form WH-382);
 Certifcation of Qualifying Exigency
for Military Family Leave (Form WH-
384);
 Certifcation for Serious Injury or
Illness of Covered Servicemember
for Military Family Leave (Form WH-
385); and
 Certifcation for Serious Injury or
Illness of a Veteran for Military
Family Leave (Form WH-385-V).
The DOL updated all of these forms to
include an expiration date of May 31,
2018. Additionally, in response to a
request by the EEOC, the DOL
updated the medical certifcation
forms to include language regarding
GINA’s restrictions on collecting and
maintaining genetic information.
DOL Updates Model FMLA Forms

You May Also Like

Leave a Reply

Your email address will not be published. Required fields are marked *