DOL Publishes Updated FMLA Forms

The Department of Labor recently published new eligibility, medical certification, and designation notices for the Family Medical Leave Act (FMLA) with an expiration date of February 28, 2015. The old forms expired on December 31, 2011, but were still acceptable to use pending publication of the new forms. While many speculated that the updated forms would include language to incorporate requirements under the Genetic Information Non-Discrimination Act and changes regarding FMLA’s military leave under the National Defense Authorization Act, the only change to the forms is the expiration date.

Although the new forms do not include GINA compliant language, it is recommended that employers incorporate this language into the family leave forms. Employers should also be aware that even though the forms regarding military leave do not specifically mention that leave for a qualifying exigency covers “contingency operations” and a “call to duty in a foreign country” or that eligible employees can take military caregiver leave for up to five years after the covered service member leaves the military, compliance is still required.

Updated forms including the sample language are available on Cascade’s member-only site.