Brooks A. Duncan
Associate
Thomas M. Winn III
Principal
Victor O. Cardwell
Principal and Chairman
As you have heard us say many times before, the FMLA forms provided by the Department of Labor (“DOL”) are your “go to” forms. Don’t alter a “good” thing and, these forms are “good.”
The DOL has issued new model FMLA notices and medical certification forms. These forms should be around for a while as they expire May 31, 2018, and contain few changes from the DOL’s previous model forms.
Get to know these forms to minimize your risks in addressing FMLA issues. Do not edit or revise these forms. The DOL likes these forms just the way they are.
The DOL has made one noticeable change in the new forms, as they now reference the Genetic Information Nondiscrimination Act (GINA). Throughout the medical certification forms, the DOL has added GINA disclosure instructions. The GINA instructions are all similar to the one featured on the certification form governing an employee’s serious health condition, as follows:
- 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).
Adding GINA disclosures to the model forms should not produce any big changes for employers. Regardless, employers should be aware of these minor changes to be in complete compliance with the FMLA.
For your reference, here are links to the new FMLA model forms:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (pdf)
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (pdf)
- WH-381 Notice of Eligibility and Rights & Responsibilities (pdf)
- WH-382 Designation Notice (pdf)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (pdf)
- WH-385 Certification for Serious Injury or Illness of Current Servicemember – for Military Family Leave (pdf)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (pdf)
The forms are also available on the DOL web page.
Please call on your team at Woods Rogers PLC with any FMLA questions.