The US Department of Labor recently revised the model Family and Medical Leave Act notices and medical certification forms to be given to employees in connection with the FMLA. The forms are not substantially changed from the prior versions, but do make clear that the employer is not seeking information about genetic tests, genetic services or the manifestation of disease or disorder in an employee’s family members. The forms and notices are accessible on the DOL website here and are set to expire on May 31, 2018.

California employers who use the form for employees requesting leave for their own health conditions should be aware that the form conflicts with California law. While the California Family Rights Act is substantially similar to the FMLA, it does not permit the employer to ask an employee’s diagnosis, which the FMLA forms ask in section A(4). Prudent California employers should note that this question pertains to the FMLA only.