By Anne-Marie L. Storey, Esq.
The Department of Labor has recently issued updated FMLA forms to replace the current expired forms. The new forms can be found on their website at www.dol.gov/whd/fmla. I have mentioned several times in discussing the prior forms that there was no reference to or exclusion for information protected by the Genetic Information Nondiscrimination Act (GINA). The new certification to the health care provider forms do now contain language in the instructions relevant to GINA, specifically: “Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. § 1635.3(b).”