Employers covered by the federal Family and Medical Leave Act (FMLA) are obligated to provide their employees with certain critical notices about the FMLA so that both the employees and the employer have a shared understanding of the terms of the FMLA leave. These FMLA employer notification requirements are described in the Wage and Hour Division Fact Sheet # 28D: Employer Notification Requirements under the Family and Medical Leave Act. The Department of Labor (DOL) has now developed optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for a federal FMLA qualifying reason. The DOL has revised these FMLA forms to make them easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave. These forms are electronically fillable PDFs and can be saved electronically. Alternatively, employers may use their own forms, if they provide the same basic notice information and require only the same basic certification information.
The DOL has also prepared a series of Questions and Answers about the optional-use FMLA forms. These Q&As confirm that these new optional FMLA forms have no applicability to the leave provisions under the Families First Coronavirus Response Act (FFCRA). The FFCRA has different documentation requirements which can be found here (see items 15 and 16). Links to the new optional-use FMLA forms are provided below.
Notice Forms – Employers can use the following forms to provide the notices required under the FMLA.
Certification Forms – Certification is an optional tool provided by the FMLA for employers to use to request information to support certain FMLA-qualifying reasons for leave. An employee can provide the required information contained on a certification form in any format, such as on the letterhead of the healthcare provider, or official documentation issued by the military. The completed certification forms are meant to be sent to the employee to provide to his or her employer. There are five DOL optional-use FMLA certification forms.
Certification of Healthcare Provider for a Serious Health Condition
Certification of Military Family Leave
Employers are encouraged to contact their leave and employment law advisors for more information about the FMLA and the new forms, or to contact the DOL Wage and Hour Division toll-free helpline at 1-866-4US-WAGE (487-9243). Additional information is also available at here.
Please contact your Conner Strong & Buckelew account representative toll-free at 1-877-861-3220 with any questions. For a complete list of Legislative Updates issued by Conner Strong & Buckelew, visit our online Resource Center.