June 30th, 2023, has come and gone, but here’s some good news – the Family and Medical Leave Act (FMLA) forms with an expired date is still valid, according to the U.S. Department of Labor (DOL). So, if you’re an eligible employee of a covered employer, you can still utilize these forms for your family and medical leave needs.
The FMLA provides an important safety net for employees by allowing them to take unpaid, job-protected leave for various family and medical reasons. Whether it’s due to pregnancy, chronic health conditions, or the care of a family member with a serious health condition, this act ensures that your job is secure while you attend to these important matters.
Employers rely on these forms to comply with the FMLA notice requirements and request medical certification from your health care provider. In addition, the DOL has clarified that the five optional-use forms they provide are still applicable, regardless of the expiration date mentioned on them. The content of the information contained within these forms remains relevant and useful, regardless of its expiration.
What Employers Should Know
The DOL is obligated to review these forms and notices every three years, ensuring that they meet the required standards. While employers are not obligated to use the DOL’s forms, they can serve as excellent models. Employers can create their own version if they include the same essential notice information and require the same basic certification details. Many employers customize the DOL-recommended forms to align with their specific state laws, allowing for greater flexibility and accuracy.
In addition, it’s important to note that employers must accept any complete and sufficient certification that supports an employee’s need for FMLA leave, regardless of the format it’s presented in. This means that your employer cannot reject the following:
- A fax copy of the certification
- A certification that is not completed on their standard company form
- Any other medical documentation, such as communication from your health care provider on their letterhead
If the certification contains all the necessary information to determine if the leave qualifies under FMLA, an employer cannot refuse it.
Frequently asked questions and answers about the revisions to the FMLA can be found by clicking here.
What Employees Should Understand
As an employee, you may be wondering what this means for you. Think of it this way: If you’re in a situation where you need to take FMLA leave, rest assured that the forms you have are still perfectly valid. Remember, the FMLA protects your rights and ensures you can attend to your family and medical needs without fearing job loss. Take advantage of this opportunity and communicate openly with your employer about your situation.
Have You Considered Partnering With A PEO?
A professional employer organization (PEO) can be a valuable resource when it comes to navigating the complexities of the Family and Medical Leave Act (FMLA). Determining employee eligibility for FMLA leave can sometimes be challenging, especially for small business owners.
A PEO such as GMS specializes in HR employment-related matters, including compliance with labor laws such as the FMLA. Our HR experts stay up-to-date with the latest regulations and can ensure that your company’s FMLA policies and practices align with legal requirements. In addition, we can help you develop comprehensive FMLA policies and procedures tailored to your company’s specific needs.
In addition, managing FMLA paperwork, including forms and certifications, can be time-consuming. GMS’ HR experts handle the administrative tasks associated with FMLA leave, such as collecting and maintaining records, tracking leave usage, and ensuring proper documentation. This frees up your HR team to focus on other essential responsibilities.
We’re here to make your life easier. We take all the administrative burdens off your shoulders so you can focus on other areas of your business. Get a quote today so we can make your business simpler, safer, and stronger.