The Department of Labor released new model forms that employers may use for determining and communicating an FMLA leave.
The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Certain procedures must be followed when determining if a leave meets FMLA requirements and when communicating decisions on the leave to employees. The DOL has various model forms that employers may use to make the determination and notify the impacted individuals.
These forms have been in use for a while, and the newly released forms are largely unchanged from prior versions. The new forms show an expiration date of August 31, 2021.
To access the new forms with the updated expiration date, click here.
