The U.S. Department of Labor recently issued updated model Family and Medical Leave Act (“FMLA”) forms, with an expiration date of August 31, 2021.  Other than the expiration date, these forms are identical to the prior forms expiring on August 31, 2018.

The newly issued forms with the August 31, 2021 expiration date should be used in place of the prior forms.  Note that the expiration date is found on the top-right corner of the forms.

Note also that  the Certification of Health Care Provider for Employee’s Serious Health Condition should be modified by California employers to avoid eliciting the diagnosis of the employee’s medical condition , due to California restrictions on such employer inquiries.

Access to the new forms can be found as follows:

• Certification of Health Care Provider for Employee’s Serious Health Condition
• Certification of Health Care Provider for Family Member’s Serious Health Condition
• Certification for Serious Injury or Illness of a Current Service member—for Military Family Leave
• Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
• Notice of Eligibility and Rights & Responsibilities
• Designation Notice

Certification of Qualifying Exigency for Military Family Leave