The U.S. Department of Labor’s Wage and Hour Division (WHD) has extended the effective date of the following model FMLA notices through July 31, 2018:
- Notice of Eligibility and Rights & Responsibilities
- FMLA Designation Notice
- Certification of Employee’s Serious Health Condition
- Certification of Family Member’s Serious Health Condition
- Certification of Qualifying Exigency for Military Family Leave
- Certification of Serious Injury or Illness of a Current Service member for Military Family Leave
- Certification of Serious Injury or Illness of a Veteran for Military Caregiver Leave
Previously, these model notices expired on June 30, 2018. No other changes have been made to these notices besides their effective date.
Federal law requires the US Department of Labor (DOL) to submit Family and Medical Leave Act (FMLA) forms to the Office of Management and Budget (OMB) every three years for approval, and the OMB approves them for three-year periods. The current FMLA forms were approved in 2015 and were set to expire after May 31, 2018, were initially extended through June, and most have a new expiration date of July 31, 2018. The changes made in 2015 were minor, only adding language pertaining to the Genetic Information Nondiscrimination Act.
Employers covered under the FMLA generally include private employers with 50 or more employees, public agencies, or public or private elementary or secondary schools.
What should employers do?
The OMB traditionally extends the expiration dates in 30-day stretches and is likely to do so again if new forms are not released by the end of this month. Until new ones are issued, employers should continue using the expired forms, until the DOL advises otherwise.