DOL Releases Updated FMLA Health Care Provider Certification Forms

Phillip Schreiber is a Partner and Jennifer J. Froehlich is an Associate in our Chicago office.

Employers: Begin Using the New Forms Immediately; Note the Reference to the GINA Act

HIGHLIGHTS:

• The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the FMLA.
• The updated forms now contain a reference to the Genetic Information Nondiscrimination Act of 2008 (GINA).
• While employers may not request genetic information from an applicant or employee, there is no GINA violation if the employer receives genetic information from a health care provider who is responding to the employer's lawful request for information under the FMLA if an acceptable GINA notice is included in the request.