The U.S. Department of Labor (DOL) updated its model Family and Medical Leave Act (FMLA) notice and certification forms. In order to help safeguard employers against inadvertent violations of the Genetic Information Nondiscrimination Act of 2008 (GINA), the forms now specifically:

  1. obligate employers to maintain confidentiality with regard to an individual’s genetic testing, and
  2. prohibit health care providers from providing information about genetic tests, genetic services or the manifestation of disease or disorder in the individual’s family members.

Notably, the GINA reference provided on the new DOL forms does not match the GINA language previously suggested by the Equal Employment Opportunity Commission (EEOC). Until this discrepancy is resolved, employers taking a conservative approach should continue to include the EEOC’s GINA language on their medical certification forms. Employers should also update their FMLA forms immediately. The DOL’s new forms are available here.