The U.S. Department of Labor (“DOL”) recently issued new model notices and medical certification forms for employers to use in administering Family and Medical Leave Act (“FMLA”) leave. The new forms—which expire on May 31, 2018—largely mirror the previous versions except for references to the Genetic Information Nondiscrimination Act (“GINA”).
In particular, the WH-380-E, 380-F, 385, and 385-V medical certification forms instruct health care providers not to provide information about “genetic tests,” “genetic services,” or “the manifestation of disease or disorder in the employee’s family members” pursuant to GINA regulations. This addition is important, as GINA regulations state that if an employer includes a safe harbor notice with a request for medical certification, the receipt of genetic information by the employer in response to the request will not violate GINA.
The new FMLA forms can be accessed from the DOL’s website or in PDF format below:
- 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 & Responsibilities
- WH-382 Designation Notice
- WH-384 Certification of Qualifying Exigency for Military Family Leave
- WH-385 Certification for Serious Injury of Illness of Current Servicemember – for Military Family Leave
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
For assistance with creating a FMLA policy, handling FMLA issues in the workplace, or any other labor and employment issue, please do not hesitate to contact any member of our Labor and Employment Department.