Jun 24, 2015

The DOL Publishes New FMLA Health Care Provider Certification Forms

The Department of Labor (“DOL”) recently published updated health care provider certification forms that will not expire until May 31, 2018. Employers should provide the new forms to their employees who request leave under the Family and Medical Leave Act (“FMLA”) for their own serious health condition, a family member’s serious health condition, or to care for a service-member or veteran. Employers familiar with the recently expired forms will notice that the layout was mostly unchanged. However, the DOL notably included a reference to the Genetic Information Nondiscrimination Act of 2008 (“GINA”). Employers should be aware that under GINA, they cannot request genetic information from an employee. However, an employer does not violate GINA if a health care provider gives it genetic information in response to a lawful request for information under the FMLA, so long as the request includes a GINA notice. The DOL published the following forms for employer use on its website:

  1. Form WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition;
  2. Form WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition;
  3. Form WH-385 Certification for Serious Injury or Illness of a Covered Servicemember – for Military Family Leave; and
  4. WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.

Employers may obtain the new forms from the DOL Website.

To learn more or if you have any questions regarding these issues, please contact your labor and employment counsel at Smith, Gambrell & Russell, LLP.

This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice.

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