Thursday, May 3, 2012

New FMLA Forms Available

The Department of Labor recently updated its approved forms requesting information required under the Family and Medical Leave Act.  Previous versions of the FMLA forms expired at the end of 2011, so employers that use the DOL forms for their FMLA programs should download and begin using the new forms immediately. According to the Department of Labor, the new forms are current through February 28, 2015, although how the DOL can predict that there will be no further changes in the FMLA until then is beyond me.
You can access the new forms here, on the DOL website. Updated forms include the Certification of Healthcare Provider for Employee's Serious Health Condition, Certification of Healthcare Provider for Family Member's Serious Health Condition, Notice of Eligibility and Rights & Responsibilities, Designation Notice, Certification of Qualifying Exigency for Military Family Leave, and Certification for Serious Injury or Illness of Covered Service Member-for Military Family Leave.
You should note that the new forms do not contain the so-called "safe harbor" language required to give an employer some coverage in the event that there is disclosure of genetic information in violation of the Genetic Information Nondiscrimination Act  ("GINA").  As a reminder, here's the language that should accompany any request for health-related information from an employee:
The  Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers, and other entities covered by GINA Title II for requesting or requiring genetic information of any individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family members genetic tests, the fact that an individual or individuals, family member, sought or received genetic services, and genetic information of the fetus carried by an individual or individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

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