Employment Counseling and Litigation

FMLA Model Forms

As many of you know, the U.S. Department of Labor maintains model forms to help employers meet notice requirements under the Family and Medical Leave Act.  These forms are a simple way to help companies maintain compliance with the FMLA.  I have had two clients this week ask me about the pending expiration of the DOL’s current forms.

Every three years, the DOL is required to submit its model FMLA forms to the federal Office of Management and Budget for approval.  The DOL’s model FMLA forms were set to expire on May 31 of this year.  That expiration date was initially extended until June 30, 2018.  It was extended again until July 31, 2018.  The DOL has now asked the Office of Management and Budget to approve the model FMLA forms for another three-year period without recommending any further changes to the forms.  That request is pending.

In the meantime, Employers may continue to use the DOL’s current model forms until new ones are released.  The updated model forms are expected to be the same as the current forms.

Employers that use the model FMLA forms can monitor the DOL’s FMLA website for updated model forms.