DOL updates FMLA model forms

The U.S. Department of Labor issued new FMLA model notices and forms to replace the forms that expired in February 2015. The new forms are very similar to the prior forms except that the expiration date is May 31, 2018, and there is now a reference to the Genetic Information Nondiscrimination Act (GINA) in the instructions to the health providers on the Certification of Health Condition forms. We previously recommended including similar language on these forms, as well as other employer forms requesting employee health information, because the GINA regulations create a "safe harbor" for employers who include this specific language into their requests for medical information for their employees and family members. The GINA language directs health care providers not to provide information regarding genetic tests, genetic services, or the manifestation of disease or disorder in the employee's family members.

The FMLA model forms are as follows:

  • Notice of Eligibility, Rights & Responsibilities (WH-381);
  • Designation Notice (WH-382);
  • Certification of Health Care Provider for Employee's Serious Health Condition (WH-380-E);
  • Certification of Health Care Provider for Family Member's Serious Health Condition (WH-380-F);
  • Certification of Qualifying Exigency for Military Family Leave (WH-384); and
  • Certification for Serious Injury or Illness of Covered Service Member--for Military Family Leave (WH-385).

What you should do now.

Be sure to access and use the updated forms on the DOL website and stay up to date on the proposed rules revising the FMLA.