DOL Releases Updated FMLA Notices and Certification Forms

The Department of Labor (DOL) recently released updated Family Medical Leave Act (FMLA) notices and certification forms. The forms—which now expire May 31st, 2018—can be found on the DOL’s website.

The most notable changes revolve around the DOL’s inclusion of Genetic Information Nondiscrimination Act (GINA) “safe harbor” language in the medical certification forms (WH-380-E, WH-380-F, WH-385 and WH-385-V). This language reads: Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), or genetic services, as defined in 29 C.F.R. §1635.3(e).

Moving forward, employers should ensure the most up-to-date notification and certification forms are used, even for those without significant revision.

For more detail, Littler Mendelson has provided a perspective here.

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