Read More

The DOL Provides Optional-Use FMLA Forms for Employers: Here’s What You Need to Know

The U.S. Department of Labor maintains a suite of Family and Medical Leave Act (FMLA) forms that employers can adopt for their own use.

These forms were developed with the goal of simplifying and modernizing the FMLA process for employers, employees, and healthcare providers. The current forms are more streamlined than their predecessors, require less time to fill out, and are able to be completed remotely via an electronic signature feature.

During the design of these forms, the DOL solicited extensive public input, including a Request for Information (RFI) to gather feedback from employers and other third-party organizations regarding any specific challenges or best practices associated with the use or administration of FMLA leave. This has resulted in an improved product that is more reflective of the needs of modern workplaces and HR departments. The DOL’s optional-use forms can be viewed below:

Notice Forms for Employers

Certification Forms for Employees

General Notice, the FMLA Poster Employee’s Serious Health Condition
Eligibility Notice Family Member’s Serious Health Condition
Rights and Responsibilities Notice Qualifying Exigency
Designation Notice Military Caregiver Leave of a Current Servicemember
Military Caregiver Leave of a Veteran

The DOL also provides the following clarifications about these forms:

  • Employers may use their own forms or alter the DOL forms, provided they include the required notice and certification information.
  • Old DOL optional-use FMLA forms can still be used.
  • Employers must accept a certification with all the required information, regardless of the format.
  • The Help for Health Care Providers flier was published as supplemental guidance to medical professionals on the FMLA rules concerning medical certifications.
  • Completed certifications or forms should not be sent to the DOL.
  • Not applicable to the Families First Coronavirus Response Act (FFCRA).

These modernized forms represent a free, useful, and entirely optional tool that can assist HR teams, save time, and reduce confusion with FMLA administration. In today’s complex and evolving leave of absence landscape, such standardization may come in handy for employers of all stripes.

For additional leave of absence guidance and best practices, access our Leave of Absence Mangement Toolkit for Employers.