Last month, the DOL issued new forms for employers to use in the administration of leave under the FMLA. The updated forms are intended to be simpler and easier to understand for both employees seeking leave and employers, including those persons responsible for administering leave.
Electronic copies of the most common forms are available via the following links:
- FMLA Poster (in Spanish)
- Notice of Eligibility & Rights and Responsibilities (informs employee of their eligibility for FMLA leave and obligations associated with their leave request, including consequences of failing to meet those obligations)
- Designation Notice (informs employee whether their FMLA leave request is approved and the amount of leave designated/counted against their FMLA entitlement, or whether the certification is incomplete and requires additional information)
- Certification of Healthcare Provider for Employee’s Serious Health Condition (for use when leave is requested due to the medical condition of the employee)
- Certification of Healthcare Provider for Family Member’s Serious Health Condition (for use when leave is requested due to the medical condition of the employee’s family member)
Links to certification forms for military leave, as well as a brief Q&A on use of the updated FMLA forms, are available here. (Please note that the above forms do not apply to expanded FMLA under the Families First Coronavirus Response Act, which has different documentation requirements).
A reminder that employers’ use of the DOL forms above (except the required FMLA poster) is optional. However, we encourage you to utilize these forms whenever possible to avoid unnecessary issues and ensure compliance with the FMLA’s notice and certification requirements.
By Rebecca D. Bullard, rbullard@dsda.com