DOL issues new FMLA notice, certification forms

August 2020 employment law letter

Authors:

Charlie Plumb, McAfee & Taft

On July 20, the U.S. Department of Labor (DOL) issued new notice and certification forms for employers to use when administering Family and Medical Leave Act (FMLA) leave. Although you can continue to rely on the old forms, the new versions are simpler and easier to use. Further, the forms can be completed online and saved electronically. The new forms may be found here: https://www.dol.gov/agencies/whd/fmla/forms.

Required FMLA notice and certification forms

The FMLA requires employers to provide notices to employees. The notices are intended to inform employees about their rights under the law and make sure both parties share the same understanding of the terms of their leave. The FMLA notice forms are:

The FMLA poster;
Eligibility notice, which informs employees of their eligibility or ineligibility for FMLA leave;
Rights and responsibilities notice (combined with eligibility notice), which informs employees of their obligations associated with FMLA leave; and
Designation notice, which informs employees whether their FMLA leave has been approved and its amount/duration or whether additional information is needed.

When administering FMLA leave, you may request information from employees to certify they are entitled to it. The FMLA certification forms are:

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