Is it time to update your Family and Medical Leave Act forms?

The Department of Labor has issued new model Family and Medical Leave Act (FMLA) forms for employers

Abstract Heath Care Background With White Silhouette Of A Family Under Stet Myeo0us

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. 

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition

WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition

WH-381 Notice of Eligibility and Rights & Responsibilities

WH-382 Designation Notice

WH-384 Certification of Qualifying Exigency For Military Family Leave

WH-385 Certification for Serious Injury or Illness of Covered Servicemember — for Military Family Leave

WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

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.