New FMLA Forms Released

Posted by BAS - 30 July, 2020

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The U.S. Department of Labor issued new Family and Medical Leave Act forms that may be used immediately. The forms are intended to be simpler and easier to understand for employers, administrators, healthcare providers and employees seeking leave.

Using the new forms should reduce the time it takes a healthcare provider to provide information and an employer to make a FMLA determination. The new forms clarify that health care providers only need to provide information that relates to the serious health condition for which the current need for leave exists and no information may be required beyond that specified in the FMLA regulations. There is no longer space for providers to describe symptoms, diagnosis, or any regimen of continuing treatment. This additional medical information is not necessary for an FMLA determination. The forms also make it clear that an employer may not request certification for FMLA leave to bond with a healthy newborn child or a child placed for adoption or foster care.

No specific form or format is required for compliance with the FMLA. Employers may use the new forms, the old forms, or their own documentation so long as the proper information is collected. If an employee already has an approved FMLA certification on a prior DOL form version, the employee cannot be required to submit the same information on a revised certification form.

Employers wishing to update their documentation can consider reviewing the new forms. They may be accessed by clicking here.

Topics: HR & Benefits Compliance, HR & Benefits


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