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Update on Expiring FMLA Forms
The U.S. Department of Labor's Wage and Hour Division (WHD) has extended the effective date of the following model FMLA notices
through July 31, 2018:
Previously, these model notices expired on June 30, 2018. No other changes have been made to these notices besides their effective date.
Background
Federal law requires the US Department of Labor (DOL) to submit Family and Medical Leave Act (FMLA) forms to the Office of Management and Budget (OMB) every three years for approval, and the OMB approves them for three-year periods. The current FMLA forms were approved in 2015 and were set to expire after May 31, 2018, were initially extended through June, and most have a new expiration date of July 31, 2018. The changes made in 2015 were minor, only adding language pertaining to the Genetic Information Nondiscrimination Act.
Employers covered under the FMLA generally include private employers with 50 or more employees, public agencies, or public or private elementary or secondary schools.
What should employers do?
As we previously addressed in May, the OMB traditionally extends the expiration dates in 30-day stretches and is likely to do so again if new forms are not released by the end of this month. Until new ones are issued, employers should continue using the expired forms, until the DOL advises otherwise.
HR Knowledge will advise when new forms are released.
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