New Family Medical Leave Act Forms Now Available Online from the Department of Labor
Effective immediately, employers have new versions of the seven DOL-issued Family and Medical Leave Act (FMLA) forms to use. The revised forms are:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition;
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition;
- WH-381 Notice of Eligibility and Rights & Responsibilities;
- WH-382 Designation Notice:
- WH-384 Certification of Qualifying Exigency for Military Family Leave;
- WH-385 Certification for Serious Injury or Illness of Current Servicemember – for Military Family Leave; and
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.
These new forms are identical to the prior forms, except that they contain some new Genetic Information Nondiscrimination Act (GINA) language. The new language reminds employers to keep all genetic information in a confidential medical record file, instructs doctors to not provide genetic information when filling out the FMLA form, and warns employees to not provide information about genetic tests. Since these obligations are not new, restating them on the FMLA forms does not impose any new burdens on employers. All of the revised forms are available for download from the Department of Labor.
Because the forms are not substantively changed, employers with a large supply of the older forms may wish to continue using them until they are used up. The new forms are effective immediately.
Under GINA, it is illegal to discriminate against or harass employees or applicants because of genetic information, or retaliate for filing a GINA claim. GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities such as employment agencies, labor organizations and joint labor-management training and apprenticeship programs, from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family. Employers must keep genetic information confidential and in a separate medical file. (Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act.)
For more information on GINA or the new forms HRLegalist recommends that you contact counsel.