June 28, 2022

Volume XII, Number 179

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June 28, 2022

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June 27, 2022

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DOL Releases Updated FMLA Forms

The Department of Labor’s Wage and Hour Division (WHD) recently released streamlined forms employers may use to coordinate leave under the Family and Medical Leave Act (FMLA).  The updated forms include:

The FMLA does not require the use of any specific form or format, therefore all forms listed on the WHD website are considered optional-use. Although employers are not required to use the WHD forms, employers should be sure to include all relevant information as required by the FMLA and its regulations.

Employers should also be aware they are required to accept a completed and sufficient certification, regardless of the format. Employers are prohibited from rejecting a certification that contains all the information needed to determine if the leave is FMLA-qualifying. As explained by the WHD, an employer cannot refuse:

  • A fax or copy of the certification;

  • A certification not completed on the employer’s standard company form; or

  • Any other record of the medical documentation, such as a communication on the letterhead of the health care provider.

© 2022 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume X, Number 210
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About this Author

Brian Moore, labor and employment litigator, Dinsmore Shohl law firm,
Of Counsel

Brian represents companies in labor, employment, and general litigation matters. His business-oriented approach enables him to guide clients through a myriad of challenges. Brian draws on his experience to help clients reach efficient resolutions -- or pursue litigation and trial -- as the situation warrants. Working with clients in the banking, insurance, retail, health care, energy, hospitality, and food and beverage industries, he has guided them through an array of issues, including discrimination, harassment, wage and hour, deliberate intent, unfair labor practice,...

304-357-9905
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