DOL Update of FMLA Forms
Department of Labor recently Published New Forms and Notices
In an interesting move on July 16, 2020, the Department of Labor published new model optional-use forms that workers can use to request and employers can use to coordinate leave under the Family and Medical Leave Act (FMLA). These are forms for regular leave under the FMLA.
DOL Wage and Hour Division (WHD) states the purpose of the new forms is that they are “simpler and easier for employees, employers, leave administrators and healthcare providers to understand and use. Revised with substantial public input, the forms include more questions that users can answer by checking a response box and electronic signature features to reduce contact. WHD believes the changes will reduce the time users spend providing information, improve communications between leave applicants and administrators and reduce the likelihood of violations.”
Several Q&A’s are addressed with the release of the new forms on the DOL website including the following:
The Department revised the optional-use FMLA forms in June 2020. Can I still use the old DOL forms?
Yes. The FMLA does not require the use of any specific form or format. Although the Department revised the FMLA forms in June 2020 to make them easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave, the revised forms convey and collect the same information, which can be provided in any format.
Can my employer require me to provide a new certification, using the revised form, when I have already provided the required FMLA information using the old certification form?
No. You can provide the required information contained on a certification form in any format. If you used the old certification forms to provide your employer with the required FMLA information, you do not have to provide your employer with the same FMLA information using the revised certification forms.
These forms and notices contain more requests for information and notably that DOL expects employers to understand that they are obligated to designated FMLA whenever leave is covered by FMLA even if the the employer or employee does not want FMLA to apply which reflects past opinion letters by the DOL. For the updated forms and notices and the Q&A, click here.
The DOL is also seeking input from the public in a Request for Information as to what employers and employees would like to see as potential changes to the FMLA regulations and whether further guidance on some of the opinion letters maybe helpful. For the DOL Request for Info, click here.