In case you missed it, last month, the Department of Labor announced
that it had updated most of the optional FMLA forms,
including the Notice
of Eligibility and Medical
Certification forms. The new forms
are valid through June 2023. While
employers are not required to use the DOL forms, many do. Further, 29 C.F.R. §825.306 precludes
employers from seeking information from employees or physicians on their own forms which
exceeds what is permitted in that regulation or on the optional DOL form. Accordingly, employers which do not use the DOL
form, should ensure that their existing forms do not seek information beyond
that permitted by the regulation.
NOTICE: This summary is designed merely to inform and alert you
of recent legal developments. It does not constitute legal advice and does not
apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
