New model forms for employers to use when managing employees on leaves under the Family and Medical Leave Act (FMLA) have been issued by the United States Department of Labor (DOL). The noteworthy change is a specific reference to the Genetic Information Nondiscrimination Act of 2008 (GINA), and an instruction to both employees and health care providers to refrain from furnishing any information about genetic tests, services or diseases/disorders when completing the FMLA forms.
The new model forms can still be accessed via the DOL's website. If an employer has not done so already, it should be sure to update its FMLA forms to reference GINA. We recommend that employers who utilize FMLA paperwork that already includes a GINA disclaimer to continue to include this language as it is likely more expansive than the GINA provisions on the new model forms.
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