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:

• Certification of Health Care Provider for Employee’s Serious Health Condition
• Certification of Health Care Provider for Family Member’s Serious Health Condition
• Certification for Serious Injury or Illness of a Current Service member—for Military Family Leave
• Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
• Notice of Eligibility and Rights & Responsibilities
• Designation Notice
• Certification of Qualifying Exigency for Military Family Leave

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

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