New FMLA Forms for Employers

Employers Must Use New FMLA Forms

With little fanfare, the U.S. Department of Labor in May posted new model FMLA notices and medical certification forms. The forms are good through May 31, 2018.


The only notable change is a reference to the Genetic Information Nondiscrimination Act of 2008 (GINA).  In the instructions to the health care provider on the certification for an employee’s own serious health condition, the DOL has added the following simple instruction:


“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).”


Similar language now appears on other medical certification forms as well.


This is nothing new.  Employers have included GINA disclaimers (often more detailed and without the regulatory gobbledygook) in their FMLA paperwork since the law took effect in May 2009.


Here are the links to the new FMLA forms:


The forms and more information also are available at:




                                                                                                                                                                Posted June 1, 2015