Fire up the paper shredder: DOL issues new FMLA forms

May 27, 2015 - by: HR Hero Alerts 0 COMMENTS

Time to head to the paper shredder. The expired Family and Medical Leave Act (FMLA) forms the U.S. Department of Labor (DOL) told you to keep using have been replaced. As first reported by attorney Jeff Nowak in his “FMLA Insights” blog, the DOL recently issued new FMLA forms that don’t expire until May 31, 2018.

Other than a change in the expiration date, it appears that the only substantive change to the forms is a brief reference to the Genetic Information Nondiscrimination Act (GINA) in the WH-380E, 380F, 385, and 385V medical certification forms. According to the GINA regulations, if an employer provides a safe harbor notice with the request for medical certification, any receipt of genetic information in response to the request will be considered inadvertent (and will not violate GINA).

In the new FMLA forms, the instructions to the healthcare provider (Section II on the forms) states:

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).

We will report further on the new forms as more information becomes available. But for now, shred those old outdated FMLA forms and start using the new forms, which can be found at:

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