Legal Alert

DOL Seeks to Improve Employers’ FMLA Forms

August 28, 2019

The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA).

The proposed revisions aim to improve FMLA compliance and administration by making the forms easier to understand and use for employers, leave administrators, health care providers, and employees seeking leave. The DOL anticipates that the revisions will ultimately improve customer service and reduce the burden on the public.

The proposed revisions to the FMLA forms include:

  • Fewer questions requiring written responses. Statements that can be verified by checking a box replace some questions.
  • Reorganization of medical certification forms to increase efficiency in determining whether a medical condition is a serious health condition, as defined by the FMLA.
  • Clarifications to reduce the demand on health care providers for follow-up information.
  • Changes to the qualifying exigency certification form to provide clarity to employees about what information is required.
  • Additional information on the notification forms to better communicate to employees specific information about leave conditions.
  • Changes to the military caregiver leave forms to improve consistency and ease of use.
  • Layout and style changes to reduce blank space and improve readability.

The DOL seeks public comment on the proposed revisions that will assist in its evaluation of the efficacy of these revisions. In particular, the DOL is interested in comments that aim to enhance the quality, utility, and clarity of the information collected and minimize the burden of collecting information. Employers are strongly encouraged to participate in the comment process. Comments close October 4, 2019.

Copyright © 2019 by Ballard Spahr LLP.
(No claim to original U.S. government material.)

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

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