The U.S. Department of Labor’s Wage and Hour Division (WHD) issued new FMLA medical certification and notice forms on September 4, 2018. The forms are available here. The new forms are substantively identical to the agency’s previous (now expired) forms, but they include the new expiration date—August 31, 2021—in the upper right hand corner. Employers who use the government forms should start using the new forms, with the new expiration date, immediately. Employers who use their own customized forms—for example, forms providing notices required under state or local leave laws such as the DCFMLA, or forms tailored to the employer’s own policies—need not alter the content of their forms in light of the new federal forms, assuming the employer’s customized forms were otherwise compliant, given that WHD did not make substantive changes.
