For the first time since 2012, the DOL has rolled out brand new FMLA forms. Hereâs whatâs new, what isnât and how long can you expect to use these versions of the forms.
Following the DOLâs announcement, FMLA Insights Jeff Nowak analyzed the new forms with a fine-toothed comb and discovered not much has changed.
The most notable difference in the updated forms: a new GINA reference. In the instructions to the healthcare provider, which is located on the certification for an employeeâs serious health condition, the feds have added 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 employeeâs family members, 29 C.F.R. § 1635.3(b).
The concept of adding GINA disclaimers isnât in and of itself new. Employment attorneys like Nowak have been urging employers to take this extra step for some time to protect themselves from inadvertent GINA violations. However, the addition of specific language to this FMLA form is new.
The new FMLA forms will be good until the spring of 2018. The DOL is required to submit its FMLA forms every three years to the Office of Management and Budget (OMB) for approval, so that OMB can review the DOLâs information requests and the time employers spend responding to the requests. OMB approved the DOLâs previous FMLA forms in early 2012 for the maximum period of three years.
Here are new FMLA forms:
- WH-380-E Certification of Health Care Provider for Employeeâs Serious Health Condition (pdf)
- WH-380-F Certification of Health Care Provider for Family Memberâs Serious Health Condition (pdf)
- WH-381 Notice of Eligibility and Rights & Responsibilities (pdf)
- WH-382 Designation Notice (pdf)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (pdf)
- WH-385 Certification for Serious Injury or Illness of Current Servicemember â for Military Family Leave (pdf)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (pdf)
For more HR News, please visit: New FMLA forms released â what you need to know now
Source: News from HR Morning