The Department of Labor has issued new model Family and Medical Leave Act (FMLA) forms for employers
The DOL updated these forms to include a reference to the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA obligates employers to comply with confidentiality requirements regarding information about an individual’s genetic tests and the genetic tests of the employee’s family members, as well as information used to determine whether someone has an increased risk of getting a disease, disorder or condition in the future.
The new forms now include the following language:
"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)."
FMLA generally applies to employers with 50 or more employees who work within 75 miles of the employer’s worksite. Failure to comply with FMLA regulations could result in fines, penalties, investigations, and litigation.
The revised forms are available from the DOL website by clicking on the links below and will expire on May 31, 2018.
Clients of HR One can download the forms by logging in with their user id and password.
If you have questions about FMLA or other types of leave and would like more information, call the HR Helpline at 1(800) 457-8829 or complete and submit the form below.