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:
- Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E)
- Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F)
- Notice of Eligibility and Rights & Responsibilities (WH-381)
- Designation Notice (WH-382)
- Certification of Qualifying Exigency for Military Family Leave (WH-384)
- Certification for Serious Injury or Illness of a Current Servicemember — for Military Family Leave (WH-385)
- Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (WH-385-V)