DOL Releases New FMLA Forms, Solicits Comments For Future FMLA Regulation Changes

On July 16, 2020, the U.S. Department of Labor (DOL) issued new optional-use forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA).  As with the prior forms available from the DOL, the forms are completely optional and employers may choose to use their own versions in order to administer leave under the FMLA. 

While the DOL-provided forms are optional, it is a best practice to use them because they contain the precise information necessary to validate and designate employee FMLA leave requests.  In addition, using the DOL forms should facilitate DOL investigations involving FMLA complaints.  During investigations, for example, DOL investigators usually review the employer's FMLA forms to determine whether the employer correctly obtained information, provided employee notice, and correctly designated the leave as FMLA.  Because of their familiarity with DOL-approved forms, investigators can more easily assess whether