The U.S. Department of Labor (DOL) has issued new Family and Medical Leave Act (FMLA) forms, including notice of eligibility and rights and responsibilities, certification, and designation forms. The forms, which were revised with input from the public, are designed to be simpler and easier for employees, employers, leave administrators, and healthcare providers to use. Changes include more questions that can be answered by checking a box, additional information on the use of FMLA leave, and the addition of electronic signatures to reduce personal contact. The new forms also add explanations about obtaining follow up information from healthcare providers and determining the existence of a serious health condition.
The revised forms do not change the substance of FMLA leave benefits and protections. As before, use of the DOL model forms is optional, so employers may continue to use the prior DOL forms or other versions that are FMLA compliant. Unless recertification is permitted under the existing FMLA regulations, employers cannot require employees to re-certify using the new forms.
The new forms are available at https://www.dol.gov/agencies/whd/fmla/forms. The DOL has also requested public input concerning the effectiveness of the current FMLA regulations. Written comments must be submitted by September 15, 2020.
The DOL's request for information is available at https://www.federalregister.gov/documents/2020/07/17/2020-14873/family-and-medical-leave-act-of-1993.
For more information on any this or any FMLA issue, please contact an attorney at our Firm.