Many employers use the United States Department of Labor’s (“DOL’s”) certification forms when evaluating and authorizing employee requests for family and medical leave. A few months ago, the DOL revised those forms. If you use the DOL forms, make sure you are using the updated forms.
Since the regulations under the Genetic Information Nondiscrimination Act of 2008 (“GINA”) were enacted in 2011, we have advised employers to include GINA “safe harbor” language on their Family and Medical Leave Act (“FMLA”) certification forms. GINA generally prohibits employers from using genetic information to make employment decisions. If certain requirements are met, however, an employer will not be held liable under GINA if it acquires genetic information inadvertently. In particular, the GINA regulations state that if an employer includes language similar to the following in any request for medical information, any receipt of genetic information in response to the request will be Continue reading