by Joseph P. Kelly

On July 16, 2020, the U.S. Department of Labor (“DOL”) issued new FMLA forms regarding leave under the Family Medical Leave Act (“FMLA”), which can be found here. The reason for the new forms–according to DOL–is to make it easier for employees and health care providers to understand the forms and complete the requisite paperwork. The new forms aren’t drastically different than FMLA forms previously issued by DOL. But it does appear that the new forms should be easier for employees and health care providers to complete.

Employers are not required to use DOL’s new forms for FMLA leave requests; employers may use forms previously issued by DOL or even an employer’s own forms. But, if an employer is unsure at all about what information it is obligated to provide upon a leave request under FMLA or what information it is permitted to ask for, it’s a good idea to use the new DOL forms.

There’s a distinct possibility that the new DOL forms will be revised at some point in the near future as DOL is requesting public comment on the new forms. If there are any changes, we’ll be sure to blog about them.

While there are new forms, there’s no new poster regarding FMLA for employers to post in the workplace. The old poster is still sufficient.

Lastly, it’s important to note though that the new forms don’t address paid sick leave or expanded FMLA leave under the Family First Coronavirus Response Act (“FFCRA”)(which we blogged about [here][3] and here. DOL hasn’t issued forms for FFCRA-related forms of leave.

[3}: http://www.joneslemongraham.com/blog/families-first-coronavirus-response-act-info-for-employers/#.XxXxe4WcGhc