Update applicable to:

All employers with 50 or more employees

What happened?

The Department of Labor (DOL) has confirmed that the five optional-use forms for employers to comply with notice requirements under the Family and Medical Leave Act (FMLA) are still applicable, regardless of their expiration date.

What are the details?

DOL Forms Still Applicable Despite Expiration Date

The expiration date on the forms is related to the collection of information as required by the Office of Management and Budget, but it does not affect the content of the required information.

Employers’ Use of Forms

While employers are not obligated to use the DOL’s forms, which are model versions, they may choose to do so. Alternatively, they can create their own forms as long as they include the same basic notice and certification information. Some employers modify the DOL-recommended forms to align with state laws or other specific requirements.

Acceptance of Certification

The DOL emphasizes that employers must accept a complete and sufficient certification of an employee’s need for FMLA leave, regardless of the format in which it is provided. This includes accepting faxes, copies of the certification, certifications not completed on the employer’s standard form, or any other record of medical documentation from the healthcare provider. The employer cannot reject a certification that contains all the necessary information to determine if the leave qualifies under FMLA.

For more information, please see the links below:

DOL FMLA Forms FAQ

Article 1, Article 2

What do employers need to do?

Employers can continue to use the DOL FMLA forms despite their expiration date, but employers are not obligated to use them if they already have or will begin to utilize their own form that covers the necessary information.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.