DOL Publishes New FMLA Forms And Seeks Public Input

Volume: 19 | Issue: 41
July 21, 2020

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently announced the publication of new “streamlined” forms employers may use for employee leave under the Family and Medical Leave Act (FMLA). The new forms are optional, and employers are permitted to continue using the old FMLA forms.

The WHD states that the new forms are “simpler and easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave.” After gathering “substantial” public input, the WHD revised its forms to include fewer questions that require written responses and allow for electronic signatures to minimize contact. The changes are meant to “reduce the amount of time it takes a healthcare provider to provide information, and help leave administrators review and communicate information to employees more directly and with greater clarity, reducing the likelihood of violations.”

The WHD also published a Request for Information, seeking public input on the FMLA. The WHD hopes to “gather information concerning the effectiveness of the current [FMLA] regulations.” “The information provided will help the Department identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees are informed about their rights and responsibilities in using FMLA leave.” The public comment period is open until September 15, 2020.

If you have questions or would like assistance in providing public comments to the WHD, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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