October 10, 2018

Department of Labor Issues New Family and Medical Leave Act Forms

The U.S. Department of Labor (DOL), Wage and Hour Division, released a new set of notices and certification forms for the Family and Medical Leave Act (FMLA). The new forms were issued on September 4, 2018. Three new forms can be found on the DOL website at: https://www.dol.gov/whd/fmla/forms.htm

The three forms that have been updated are: 

  • Notice of Eligibility
  • Designation Notice
  • Certification of Health Care Provider

The only change to the forms is the expiration date that is noted in the upper right hand corner of the form. The previously posted forms had an expiration date of May 2018 and the DOL had extended the date on a month by month basis while it awaited the Office of Management and Budget (OMB) to approve the new forms. The expiration date on the new forms is August 31, 2021.

Employers are not required to use the forms provided by the DOL; they may create their own. If an employer chooses to use their own forms, they must ensure that they be clear, easily understood, and must not have any language that conflicts with FMLA rules.

There are specific rules regarding required notices to be provided to employees requesting use of FMLA. Information on these requirements can be found in The Employers Guide to The Family and Medical Leave Act, on the DOL website at: https://www.dol.gov/whd/fmla/employerguide.pdf

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