The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice and FMLA Rights and Responsibilities’ Notice, which can be given to employees to inform them of their eligibility (or ineligibility) for FMLA leave and their rights and obligations; (3) the FMLA Designation Notice, which informs employees whether their leave will be designated as FMLA leave; and (4) several medical certification forms that can be used for the employee to certify that his or her requested leave is for a qualifying purpose. While these forms are optional and employers can use their own forms, these forms have been blessed by the Department of Labor as compliant with the FMLA. The Department of Labor also has provided an updated FMLA poster that employers can download and post, in both English and Spanish. The updated forms are available for download from the Department of Labor’s website here.
Of note, employers should be aware of any individual state laws in the states in which they have employees. Some states, such as California, have their own sample forms for employee family medical leave requests.