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The U.S. Department of Labor Wage and Hour Division is proposing
revisions to its model notice of rights, certification, and
designation forms under the federal Family and Medical Leave Act
(FMLA). Employers may, but are not required to, utilize the model
forms to satisfy their notice requirements under the law and to
obtain necessary information to determine whether a proposed leave
qualifies for FMLA protection. Comments are being accepted on the proposed
changes through October 4, 2019.
The stated purpose for the changes is to "increase
compliance with the FMLA, improve customer service, and reduce the
burden on the public by making the forms easier to understand and
use." While the proposed changes do not alter the substance of
leave benefits and protections available to covered employees under
the FMLA, they do represent the first attempt by the Department of
Labor in several years to streamline the oftentimes burdensome
notice and certification processes under the law.
In addition to general layout and formatting modifications,
other proposed changes to the model forms include:
adding additional information on the
substitution of paid leave and concurrent leave usage on the Notice
of Eligibility and Rights & Responsibilities;
reducing the number of questions on
the certification forms requiring written responses, and replacing
them with statements that can be verified by checking a box;
reorganizing the layout of medical
certification forms to more efficiently determine whether a
condition qualifies as a serious health condition; and
clarifying the circumstances in which
follow up information may be obtained from healthcare
providers.
Comments may be submitted by the October 4, 2019 deadline by
email to WHDPRAComments@dol.gov. The Department of Labor
states that it is particularly seeking comments that "enhance
the quality, utility, and clarity of the information to be
collected" and "minimize the burden of the collection of
information on those who are to respond."
We will continue to report on further developments.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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