The Office of Management and Budget (OMB) has extended the expiration date of the Department of Labor’s (DOL) Family Medical Leave Act (FMLA) forms to March 31, 2015. From now until March 27, 2015, the public is invited to submit comments about the FMLA forms, including any proposed changes. The extent to which the model forms will change from the version approved in 2012 unknown at this point.  The Equal Employment Opportunity Commission (EEOC) submitted its proposed revisions in November 2014, asking for a disclaimer in the model certification form instructing health care providers not to collect or provide genetic information (which is prohibited under the Genetic Information Non-Discrimination Act (GINA)) and stronger language in the employee medical certification and family member medical certification regarding the employer’s obligation to maintain genetic information as confidential. Specifics on the comment period can be accessed here.   

Employers using the model DOL forms should use the version with the March 31, 2015 expiration date, which can be accessed here:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition
WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition
WH-381 Notice of Eligibility and Rights and Responsibilities

WH-382 Designation Notice
WH-384 Certification of Qualifying Exigency for Military Family Leave
WH-385 Certification for Serious Injury or Illness of Current Servicemember – for Military Family Leave
WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave