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U.S. Department of Labor Issues New FMLA Form

The U.S. Department of Labor (“DOL”) recently issued new model notices and medical certification forms for employers to use in administering Family and Medical Leave Act (“FMLA”) leave.  The new forms—which expire on May 31, 2018—largely mirror the previous versions except for references to the Genetic Information Nondiscrimination Act (“GINA”).

In particular, the WH-380-E, 380-F, 385, and 385-V medical certification forms instruct health care providers not to provide information about “genetic tests,” “genetic services,” or “the manifestation of disease or disorder in the employee’s family members” pursuant to GINA regulations.  This addition is important, as GINA regulations state that if an employer includes a safe harbor notice with a request for medical certification, the receipt of genetic information by the employer in response to the request will not violate GINA.

The new FMLA forms can be accessed from the DOL’s website or in PDF format below:

For assistance with creating a FMLA policy, handling FMLA issues in the workplace, or any other labor and employment issue, please do not hesitate to contact any member of our Labor and Employment Department.

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