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DOL Updates FMLA Model Documents

The U.S. Department of Labor issued new model notices and forms to assist employers in complying with the Family and Medical Leave Act.  These model documents are available here.

The model documents are optional for use by employers, but aid employers in obtaining and delivering all the necessary information required under the law, without making prohibited inquiries.  Therefore, use of the standard documents is recommended in most instances.  Employers may continue to use the old ones if they prefer.

The changes to the model documents are generally helpful in that the language is clearer and they explain certain concepts (such as in loco parentis relationships) that could otherwise be overlooked or misunderstood.  If employers choose not to use these model documents, they should ensure that they are otherwise providing all the required information (e.g. notices of rights and responsibilities) and that they are not asking for more medical information than the forms allow.

It should be noted that these notices and forms are not applicable to the FMLA expansion under the Families First Coronavirus Response Act.  More information on documentation needed for an employee to take time off under that law is available here.

The labor and employment attorneys at Berchem Moses PC are available to assist you with compliance with the FMLA and other state and federal employment laws.  Please call us if we can be of assistance.