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New FMLA Forms are Here Just in Time for Summer! - Family Medical Leave Act

You can sleep a little easier tonight — you no longer have to worry about using expired Family and Medical Leave Act of 1993 (FMLA) forms. On May 27, 2015, the United States Department of Labor (DOL) quietly updated its FMLA forms with a new expiration date of May 31, 2018.

In addition to the new expiration date, the only other notable change in the forms is a reference to the Genetic Information Nondiscrimination Act (GINA). For example, in the instructions to the health care provider on the certification form for an employee’s serious health condition (Form WH-380-E), the DOL has added the following instruction:

“Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. § 1635.3(b).”

The DOL also added similar language or references to GINA in the other certification forms (such as WH-380-F, WH-385, and WH-385-V). This instruction essentially provides a safe harbor that may protect employers from a GINA violation if there is an inadvertent receipt of genetic information from the health care provider.

All the forms and other FMLA information can be obtained from the DOL’s FMLA Page. Links to each of the new forms are also provided below:

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About this Author

Kamran Mirrafati, Foley Lardner, Labor Litigation Lawyer, Employment Attorney

Kamran Mirrafati is a partner and litigation lawyer with Foley & Lardner LLP. His practice covers a wide range of labor and employment law with a particular focus on management-side labor relations.

Mr. Mirrafati’s practice incorporates a strong traditional labor background, and he has garnered favorable decisions in numerous instances. He has successfully defended clients in Section 301 cases, representation proceedings, unfair labor practice charges, and labor arbitrations, pertaining to both contract interpretation and discipline matters...