Using DOL FMLA Forms: By Anne-Marie Storey

By Rudman Winchell Attorney

You may have noticed that the Department of Labor’s FMLA notice and certification forms have an expiration date of December 31, 2011. The expiration date is really a matter of procedure within the government; the DOL is required to submit forms to the Office of Management and Budget, which approved the forms in 2008 for a period of three years.

The fact that the expiration date has passed does not mean you should stop using them. However, continue to be aware that these forms do not account for certain changes since they were approved. For instance, the forms do not contain the language now required under the Genetic Nondiscrimination Act for employees seeking leave for their own or a family members’ serious health condition. To comply with that provision, you will need to add language which instructs health care providers that they should not produce genetic information with the certification for either the employee or the family member at issue, such as the following:

“The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic information’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”

If and when updated forms are issued by the DOL, we will let you know. If you have any questions about this information, please feel free to contact me.


These materials have been prepared by Rudman Winchell for educational purposes only. They should not be considered legal advice. The transmission of this information to you is not intended to create a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel. You should not send any confidential or private information to Rudman Winchell until a formal attorney-client relationship has been established, in writing.