In July, the Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) forms. Employers who are covered by the FMLA (i.e., 50 or more employees) can start using the new forms immediately for leaves covered by the FMLA. The DOL stated that the new forms should be “simpler and easier for employees, employers, leave administration, and healthcare providers to understand and use.”

The following is a list of some of the more significant changes to the forms:

• More check boxes, so employers and employees can more clearly respond to leave questions.
• Specific Information regarding the circumstances under which it is appropriate for employers to obtain follow-up information from health care providers.
• Information for employers regarding what steps they should take to address incomplete certifications.
• Information regarding an employer’s obligation to designate a leave as FMLA, “whenever the leave is covered by FMLA.”
  • Employers should be aware that the Ninth Circuit Federal Court, which includes Oregon, Washington, and California, has ruled that an employee has the right to decline FMLA leave even when the leave is eligible for FMLA.

The new forms are optional, and employees cannot be required to use the forms in order to have their FMLA leave approved. Employers may still use the old DOL forms or they may use their own forms, if the employer’s forms provide the same basic notice information and require only the same basic certification information.

Members can access the new DOL FMLA forms here.