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The Department of Labor Updates FMLA Notices

The U.S. Department of Labor has released updated Family and
Medical Leave Act (FMLA) notices and forms which are approved for
use through May 31, 2018. These forms are available on the
Department of Labor website. The updated forms

· WH-380-E Certification of Health Care Provider for Employee’s
Serious Health Condition

· WH-380-F Certification of Health Care Provider for Family
Member’s Serious Health Condition

· WH-381 Notice of Eligibility and Rights & Responsibilities

· WH-382 Designation Notice

· WH-384 Certification of Qualifying Exigency For Military Family

· WH-385 Certification for Serious Injury or Illness of Covered
Servicemember — for Military Family Leave

· WH-385-V Certification for Serious Injury or Illness of a
Veteran for Military Caregiver Leave

The most noteworthy change to the forms is the addition of a
“safe harbor” provision which prohibits health care providers
from disclosing any genetic information, as defined by the
Genetic Information Nondiscrimination Act of 2008. More
information regarding GINA can be found on the Equal Employment
Opportunity Commission website.

Employers should begin using the new FMLA forms
immediately. While organizations are allowed to create
their own forms according to the FMLA regulations, most choose to
use the Department of Labor forms. Employers who opt to create
their own forms must ensure that they are updated to reflect the
newly issued language.

More information on FMLA can be found in the fact sheet
by the Department of Labor.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.