Employer Alert: U.S. Department of Labor Issues New FMLA Forms
Employer Alert: U.S. Department of Labor Issues New FMLA Forms

The U.S. Department of Labor has issued new, revised model Family and Medical Leave Act (FMLA) forms and notices.  The new FMLA forms and notices are intended to be more streamlined and convenient, and they include more explanatory language on various FMLA rights and requirements. 

As an examples of the new explanatory language, the Rights and Responsibilities Notice adds information on the substitution of paid leave, the medical certifications of a serious health condition define the term “serious health condition,” and the Eligibility Notice defines the terms “spouse”, “child,” and “parent.”  Further, the forms may now be signed with an electronic signature.

As the new FMLA forms are optional and no specific form or format is required, employers may continue to use prior FMLA forms.  Employers may not require new employee certifications using the new forms where a certification has already been provided, unless recertification is otherwise required.  There is no new FMLA employee notice issued that employers must post.

Note also that the Certification of Health Care Provider for Employee’s Serious Health Condition should be modified by California employers to avoid eliciting the diagnosis of the employee’s medical condition, due to California restrictions on such employer inquiries.

Access to the new forms can be found as follows:

The author would like to gratefully acknowledge the assistance of Joanne Warriner.

This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP. It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked. So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again. This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing. No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits). But feel free to contact us with your questions and comments—who knows, we might even answer you. And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry). Big news: Copyright 2020. All rights reserved; yep, all of them.

If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.

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