DOL Issues New FMLA Notices and Certification Forms

On September 4, 2018, the Department of Labor issued updated FMLA notices and certification forms. The new notices and forms contain a new expiration date, August 31, 2021, but otherwise mirror their prior versions.

The updated notices and forms stem from a regulatory requirement that the Office of Management and Budget must approve them every three years. The documents were last approved in 2015, when the DOL added a reference to the Genetic Information Nondiscrimination Act. Barring any regulatory or statutory developments, the forms will not be updated again until 2021.

WHAT IT MEANS FOR EMPLOYERS

Going forward, FMLA-covered employers should be sure to use the new versions, which the DOL has posted online. The updated documents include:

• Notice of Eligibility and Rights and Responsibilities
• Health Care Provider Certification Forms for Serious Health Conditions of Employee or Family Member
• Designation Notice to Employee
• Certification Forms for Military-Related Leaves

FOR MORE INFORMATION

• The DOL’s new versions of the documents may be viewed here.
• For questions or more information, please contact Pete Moser, Toby Crawford, or one of HRW’s employment attorneys.
• Click here to download a copy of this alert.