On May 28, 2015, the Department of Labor (DOL) issued revised model Family and Medical Leave Act (FMLA) notices and medical certification forms, valid through May 31, 2018. The previously issued forms expired as of February 28, 2015, without any update by the DOL.
These revised forms now acknowledge the obligations of employers and health care providers under the Genetic Information Nondiscrimination Act (GINA) by including requisite disclosure language. This language informs health care providers about the types of information that they should not provide to employers and serves to protect employers in the event that they inadvertently receive information prohibited under GINA. The insertion of this new language codifies rules and recommendations that have been in place since the passage of GINA in 2008.
GINA requires that:
Employers must maintain documents relating to employees' medical certification, recertification and medical histories prepared for FMLA purposes as confidential medical records.
These records must be kept separate from personnel files if such records are covered under GINA.
Health care providers cannot provide any information regarding the following:
Genetic tests or genetic services on FMLA certification forms; and
The manifestation of disease or disorder in the employee's family members on the Certification of Health Care Provider for Employee's Serious Health Condition form.
Below is a list of the revised FMLA forms:
The DOL's other FMLA forms were not updated and remain effective as-is. They may be accessed at the DOL's website.