Today, the Wage and Hour Division of the U.S. Department of Labor (“WHD”) unveiled newly revised forms for employers and employees to use in connection with the administration and use of leave under the federal Family and Medical Leave Act (“FMLA”).
The newly revised forms consist of: (1) FMLA notice forms that employers may provide to their employees to satisfy their notice obligations under the FMLA; and (2) FMLA certification forms that employers may utilize to obtain information to determine whether an employee is eligible for FMLA leave. Links to the newly revised forms can be found on this U.S. Department of Labor, Wage and Hour Division webpage here: https://www.dol.gov/agencies/whd/fmla/forms.
While employers and employees may still use the old forms (as they request the same information), the newly revised forms are simpler and easier for employees, employers, leave administrators, and healthcare providers to understand and use. They also include electronic signature features to reduce contact during the COVID-19 pandemic.
The WHD is also publishing a Request for Information (“RFI”) in the Federal Register seeking the public’s feedback on challenges or best practices in the use and administration of the FMLA. The RFI is scheduled to be published tomorrow and can be accessed here: https://www.federalregister.gov/documents/2020/07/17/2020-14873/family-and-medical-leave-act-of-1993.
Please note the newly revised forms are not applicable to “Emergency FMLA Leave” under the Families First Coronavirus Response Act (“FFCRA”). The FFCRA has different documentation requirements. If you have any questions about the different documentation requirements under the FFCRA, or any questions about the FMLA, please contact any BurnsBarton attorney.