Model Family and Medical Leave Act (FMLA) forms in the HR Library and on the Department of Labor (DOL) website are still applicable even though the expiration date is June 30, 2023.
The Questions and Answers on the DOL FMLA forms webpage explains that the content of the information is still applicable, regardless of the expiration date. The expiration date on the DOL forms is related to the collection of information as required by the Office of Management and Budget (OMB) and not relevant to the content of the required information.
HR Services’ members have options for developing local forms. The DOL forms are PDF fillable forms that can be completed electronically. The forms are not customizable with local information.
The model forms in the HR Library (member login required) are Microsoft Word documents that can be customized with an organization’s name, logo, and other local information (e.g., who to contact, FMLA year, requirement to use paid leave). The HR Library forms are based on the DOL models, and the content is updated as needed.
Employers can provide the required FMLA information or use certification forms in any format. The advantage to using the model form is that they comply with the Federal regulations, don’t include any impermissible inquiries, and include all information that must be provided to employees concerning their rights and responsibilities.
Employers should remember that an employee is not required to use a specific form to request family and medical leave or certify the need for leave. The DOL provides the following reminders:
- Employers must accept a complete and sufficient certification, regardless of the format.
- The employer cannot reject a certification that contains all the information needed to determine if the leave is FMLA-qualifying. The employer cannot refuse:
- A fax or copy of the certification;
- A certification that is not completed on the employer’s standard company form; or
- Any other record of the medical documentation, such as a communication on the letterhead of the healthcare provider.
Additional information related to FMLA administration is available in the HR Library for districts and colleges and in The Administrator’s Guide to Managing Leaves and Absences. The following free webinars are also available:
HR Services will also present the virtual workshop Get a Grip on the FMLA on June 26-27, 2024. Options to present the workshop regionally in cooperation with an Education Service Center or locally are also available. Contact HR Services at firstname.lastname@example.org or 800-580-7782 for more information.
April Mabry oversees HR Services training services, member library products, and the HRX newsletter. She has provided HR training and guidance to Texas public schools since 1991. Mabry was a classroom teacher for 11 years in Texas and Michigan.
Mabry has a bachelor’s degree in education from the University of Michigan and certification as a professional in human resources (PHR) and is a SHRM-CP.
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