New FMLA/GINA Forms Released By Department Of Labor

The Department of Labor has issued new forms for employers to use dealing with the Family and Medical Leave Act and the Genetic Non-Discrimination Act. You can find the new FMLA forms here. You’ll see they contain GINA information as well.

Here’s an article from a management-side law firm explaining the new forms. While I don’t disagree with anything in the article, I’d add another point of emphasis. The DOL’s new FMLA Certification forms make it clear that employees are not required to provide a diagnosis when seeking to use FMLA leave. Instead, the diagnostic section of the certification forms is optional; the employee’s doctor can either fill it out or leave it blank without impacting the employee’s FMLA eligibility.