By Patrick M. Watts*
The Family and Medical Leave Act (FMLA) requires employers to provide their employees mandatory notices and for employees to provide certification of their need for FMLA leave to their employers. Historically, the Department of Labor’s Wage and Hour Division has provided forms aimed at assisting both employers and employees navigate these requirements and the FMLA leave process. The WHD recently issued revised forms that it hopes are easier to understand and use. The redesigned forms are available here.
While the FMLA does not require employers to use any specific form to meet their FMLA obligations, Z&R strongly encourages employers to use the WHD’s forms. Using company created forms or forms from other sources creates the needless possibility of failing to abide by the FMLA’s requirements.
Although the new forms do not affect employers’ FMLA obligations, reviewing the new forms provides employers a valuable opportunity to re-evaluate their current procedures. For those employers that do not use the WHD’s forms, the WHD’s roll out of the new forms provides a great opportunity to begin doing so. Employers should contact counsel with questions regarding the adequacy of their FMLA policies, notices and forms.
*Patrick M. Watts, an OSBA Certified Specialist in Employment & Labor Law, regularly advises clients on labor and employment matters, including the FMLA. If you have questions about the FMLA or the redesigned forms, please contact Patrick at pmw@zrlaw.com or (216) 696-4441.
