The Department of Labor (DOL) released new Family Medical Leave Act (FMLA) certification forms with an expiration date of February 28, 2015.
The new forms do not have the “safe harbor” language required by the Genetic Information Nondiscrimination Act (GINA), which informs employees that they should not provide any genetic information when responding to an employer’s request for medical information. All employers are advised to include the safe harbor notice with requests for medical certification.
The Equal Employment Opportunity Commission (EEOC) has suggested the following language:
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that the employee not provide any genetic information when responding to this request of medical information. “Genetic information” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
The new forms are:
- Certification of Health Care Provider for Employee’s Serious Health Condition
- Certification of Health Care Provider for Family Member’s Serious Health Condition
- Notice of Eligibility and Rights and Responsibilities
- Designation Notice
- Certification of Qualifying Exigency for Military Family Leave
- Certification for Serious Injury or Illness of Covered Service member—for Military Family Leave.
All forms can be found at the link below:
Reference: http://www.dol.gov/whd/fmla
