The U.S. Department of Labor (DOL) announced its release of “new” model Family and Medical Leave Act (FMLA) notice and certification forms (available on the DOL website).

The previous model forms expired earlier this year but had been renewed on a monthly basis pending approval from the Federal Office of Management and Budget (OMB). The “new” forms that have now officially been approved by the OMB do not have any substantive changes from the old forms, and merely update the expiration date to August 31, 2021.

Despite the lack of substantive changes, employers should switch to using the new forms to avoid any potential confusion by physicians and employees. While employers are allowed to use their own forms if the forms are clear, are easy to understand, and include the requisite information, we advise employers to use the model DOL forms rather than reinvent the wheel.

To learn more about the new DOL FMLA forms or the FMLA in general, please contact:

• Christopher P. Maugans
• Kristin Klein Wheaton
• Peter J. Woo
• Caroline J. Berdzik
• Or another member of the Goldberg Segalla Employment and Labor Practice Group