Last week, the DOL announced new Family Medical Leave Act forms were available on its website. (Note these forms are not applicable to the “Expanded FMLA” available under the Family First Coronavirus Response Act. Please don’t tell me you have no idea what I am talking about… )

The Department clarified, as with the previous forms, that these forms are optional. However, this writer strongly recommends using these forms to make sure you are not seeking more information than authorized by federal law. Also, the new forms are easier to read and drafted so that health care providers can quickly and easily fill out the required information. For example, the revised Certification for family member’s serious health condition specifically asks the health care provider to check a box or write a detailed statement regarding what type of “care” is necessary.

The certification forms for employees and their family members may be used when an employee requests leave under Wisconsin’s family medical leave law as well. However, remember that Wisconsin’s law does differ from federal FMLA in many aspects. Most of the other FMLA forms on the DOL’s website will either not be applicable or will need to be revised so as to comply with Wisconsin law.

The new forms can be found here.


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