DOL releases updated FMLA forms

The Department of Labor has released an updated version of its FMLA notice and certification forms that complies with the Genetic Information Nondiscrimination Act of 2008. For the protection of employers and employees alike under GINA, these changes do the following:

1. Obligate employers to maintain confidentiality with regard to an individual’s genetic testing
2. Prohibit health care providers from providing information about genetic tests, genetic services, or the appearance of disease or disorder in the individual’s family members.

Employers should ensure that they replace their older FMLA forms with these new ones immediately in order to avoid any potential violations that could severely hurt them in the long run. It should be noticed that the DOL’s language regarding GINA doesn’t match the EEOC’s recently suggested language. In order to protect themselves, employers should continue to include the EEOC’s proposed language on their medical certification forms until this discrepancy is solved.