Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves. Take a look at the top right hand corner of those forms. It’s very likely that it says the form expires on December 31, 2011 (or even earlier). In February the DOL issued new FMLA forms that will be good for use through February 28, 2015. Interestingly, the newly authorized but same old FMLA forms remain unchanged despite the need to include the GINA “Safe Harbor” language in all requests for medical information. The “new” DOL FMLA forms can be accessed on the DOL website.
The GINA “Safe Harbor” language that should be included in any request for medical information is as follows:
“The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic information’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”
Should you have questions or require further information, please contact Stephen W. Lyman at 317.977.1422 or slyman@wp.hallrender.com or your regular Hall Render attorney.
