Updated FMLA Forms Available

In case you missed it, the FMLA forms on the DOL website expired on 12/31/211. Finally, the DOL has issued new forms. There isn’t much of a change other than the new forms are good through February 28, 2015. The new forms don’t make reference to the proposed amendments to military family leave nor for GINA safe harbor language. The proposed changes:

1. Calculation: Companies would be required to track FMLA leave in the smallest increments the payroll systems use to track work time.
2. Physical impossibility provision: A delay in a worker’s reinstatement will only be permitted in the most limited circumstances. The DOL may change the rule that allows employer’s to delay a workers’ reinstatement from FMLA when it is physically impossible for the employee to return to work in the middle of his/her shift.
3. Military Leave: Major changes to provisions including; (a) Expanding caregiver leave to care for veterans discharged within the past 5 years; (b) Extending exigency leave to family members of regular armed forces; and, (c) Extending amount of time employee can take during a military family members “rest and recuperation” period.

Following up on GINA, The Equal Employment Opportunity Commission (EEOC) has suggested employers add the below language in forms when requesting health-related information from an employee. This will ensure that employers don't inadvertently obtain genetic information when requesting that healthcare provides complete certification forms.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic Information’ as defined by GINA includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

To have your voice heard regarding the proposed changes to FMLA, the link is provided:

http://www.regulations.gov/#!home