DOL Updates FMLA Forms – Valid through May 2018

May 26 2015 - FMLA/CFRA - HRWatchdog

The United States Department of Labor (DOL) has been working for some time on updates to Family and Medical Leave Act (FMLA) forms. On several occasions, DOL extended the expiration dates on the forms while the updates were pending.

Now, the DOL has completed the updates to the forms, and the forms bear a new expiration date of May 31, 2018.

The DOL updates were relatively minor but highlighted information relating to the Genetic Information Nondiscrimination Act (GINA). Employers must keep any medical information confidential under both GINA and the Americans with Disabilities Act (ADA), and health care providers should not provide genetic information during the family and medical leave certification process.

Note that CalChamber’s forms already contain information regarding GINA, but have been updated (where necessary) with any additional language the DOL has now included.

Some of the DOL forms did not contain any revisions to the text, but merely received a new expiration date.

Employers in California need to adapt the federal family and medical leave forms in order to remain compliant with California law which places greater restrictions on gathering health information from employees seeking family and medical leave.

CalChamber members have access to adapted family and medical leave forms in the HRCalifornia Library.

The following forms have been revised by DOL:

  • Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave: Minor updates to text; new revision (5/2015) and expiration (5/31/2018) dates
  • Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave: Minor updates to text; new revision (5/2015) and expiration (5/31/2018) dates
  • Certification of Qualifying Exigency for Military Family Leave – FMLA only: Minor updates to text; new revision (5/2015) and expiration (5/31/2018) dates
  • Certification of Health Care Provider for Employee’s Serious Health Condition and Certification for Family Member’s Serious Health Condition (Family and Medical Leave Act) – Forms 380-E and F: Minor updates to text; new revision (5/2015) and expiration (5/31/2018) dates
  • FMLA – Notice of Eligibility and Rights and Responsibilities: Same revision date (2/2013); new expiration date (5/31/2018)
  • FMLA Designation Notices: Same revision date (1/2009); new expiration date (5/31/2018)

Note: On July 1, 2015, California’s Amended CFRA regulations become effective. At that time, we will update HRCalifornia to reflect these amended regulations.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

HRCalifornia members can read more about family and medical leave. Not a member? See how HRCalifornia can help you.

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