The U.S. Department of Labor Issues Updated FMLA Forms

Recently, the United States Department of Labor (“DOL”) revised several of the forms that employers may provide employees requesting leave under the Family Medical Leave Act (“FMLA”). The revised FMLA forms are available on the Department of Labor website, the links to which are:

The new FMLA forms make reference to the confidentiality requirements of the Genetic Information Nondiscrimination Act (GINA). Enforced by the Equal Employment Opportunity Commission (“EEOC”), GINA prohibits employers from discriminating against employees or applicants because of genetic information. GINA further prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. Genetic information is broadly defined to include information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history). Employers must keep any medical information confidential under both GINA and the Americans with Disabilities Act (ADA).

Employers are advised to begin using the new FMLA forms immediately.

If you have any questions regarding this Client Alert, please contact the Stevens & Lee attorney with whom you normally consult for labor and employment matters.

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