The U.S. Department of Labor (DOL) has just released updated model FMLA forms for employer use.
 
The new forms take effect immediately.  Key changes include reorganization of the medical certification, replacement of some questions with checkboxes, additional guidance on the substitution of paid leave and concurrent leave, and new details regarding circumstances allowing for follow-up inquiries to healthcare providers. To make the forms more employer friendly, the new FMLA forms also include electronic fillable features.
 
Notably, the Q&A accompanying the new FMLA forms clarify that the new forms are not applicable to the newly enacted emergency FMLA leave under the Families First Coronavirus Response Act (FFCRA), which provides for partially (2/3) paid emergency FMLA leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
 
Employers may continue to use the prior version of the model FMLA forms, although upgrading to the new forms is recommended. Employers may also use the new forms during the next regular recertification process.
 
Have questions about how to incorporate the new FMLA forms into your leaves process? Don't worry, we're here to help!
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