The federal Department of Labor (DOL) has released updated forms for managing leave under the Family and Medical Leave Act (FMLA).
As we previously reported, the DOL has to submit forms to the Office of Management and Budget (OMB) for review every three years. The DOL submitted the FMLA forms to the OMB in April, and requested a three-year extension of the current forms, without any changes to the substance of the forms. The OMB did not approve the new forms before the June 30, 2018 expiration date, so the expiration dates were automatically extended every 30 days, pending OMB approval.
The OMB recently approved the forms, which now have an expiration date of August 31, 2021. Employers should ensure they are using these current forms.
Note: If you have employees in California, you should not use the DOL medical certification forms when your employees take leave under the FMLA and/or the California Family Rights Act (CFRA). The federal medical certification forms request medical information, which is not allowed under California law.
Erika Pickles, Employment Law Counsel/HR Adviser
CalChamber members can access family and medical leave related forms that have been adapted for use in California, including Certification of Health Care Provider – Employee’s or Family Member’s Serious Health Condition in the Forms section on HR California. Not a member? See how CalChamber can help you.
