New FMLA Forms Contain GINA Language

Without much fanfare, the Department of Labor announced last week that it was issuing new forms for use when administering the Family and Medical Leave Act (“FMLA”). The new forms do have a new expiration date (May 2018) but it appears that the only other change is the inclusion of language that warns physicians not to provide information about genetic tests. We’ve told you that you should be stapling this type of warning to all requests for medical information, including your FMLA Medical Certification forms, but the new forms mean that you don’t need to worry about that for FMLA requests. The new language is simple:

Do not provide information about genetic tests, as defined in 29 C.F.R. s. 635.3(f), genetic services, as defined in 29 D.F.R. s. 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. s. 1635.3(b).

The new forms can be accessed from the DOL web page at http://www.dol.gov/whd/fmla/2013rule/militaryForms.htm (Yes, I know it says 2013 rule and military forms in this address, but trust me, that’s where to find the new forms!).

If you have any questions about the Family and Medical Leave Act or these new FMLA forms, contact any of the employment law attorneys at Skoler, Abbott & Presser.

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