Earlier this month, the U.S. Department of Labor (DOL) published an updated set of Family and Medical Leave Act (FMLA) forms for employers’ use. The forms are virtually identical to prior forms. The new FMLA forms are available on the DOL’s website.

The DOL’s previous FMLA forms expired on August 31. The new forms simply clarify that they will be in effect and valid for employers’ use until August 31, 2021.

Specifically, the updated forms include the FMLA documentation used for:

  • Certification of Health Care Provider for Employee’s Serious Health Condition
  • Certification of Health Care Provider for Family Member’s Serious Health Condition
  • Notice of Eligibility and Rights & Responsibilities
  • FMLA Designation Notice
  • Certification of Qualifying Exigency for Military Family Leave
  • Certification for Serious Injury or Illness of Covered Service Member – for Military Family Leave
  • Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

While the new forms are substantively the same as older forms, they serve as a useful reminder for Human Resources professionals to maintain up-to-date forms for all employee leave and benefit use.  For employers who use customized FMLA forms (rather than DOL-issued forms), the new forms provide a good opportunity to review any company-specific documentation and ensure that the information contained on such documentation matches the DOL-issued forms, given the FMLA’s strict notice-and-process requirements. Employers are also advised to review their FMLA policies, as well as any “cheat sheets” used by HR professionals for employee leave procedures, for consistency with FMLA requirements.

For more information on federal or state employment law compliance, please contact Daniel J. Moore at (585) 419-8800 / dmoore@harrisbeach.com, or the Harris Beach attorney with whom you usually consult.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Melville, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.