In May 2015, the U.S. Department of Labor (DOL) revised some of its official FMLA forms. The core suite of FMLA forms used by employers — doctors’ certifications of serious health conditions, notices of rights and responsibilities and designation notices — now carry a new expiration date of May 31, 2018.
The DOL had been revising the forms since previous editions expired in February of this year. In addition to a new expiration date, four of the revised certification forms (WH-380-E, WH-380-F, WH-385 and WH-385-V) now include specific references to the Genetic Information Nondiscrimination Act, which limits collection of data on hereditary health conditions that could be used to discriminate against employees. Other than the expiration date, there are no substantive changes to the Notice of Eligibility and Rights and Responsibilities or the Designation Notice. While the forms are prototype forms, in the event of an audit by the DOL, the expectation is that the employer will be using the most recent versions of the DOL forms.
You can download the forms from the DOL’s website here: http://www.dol.gov/whd/fmla
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