Federal law requires the US Department of Labor (DOL) to submit Family and Medical Leave Act (FMLA) forms to the Office of Management and Budget (OMB) every three years for approval, and the OMB approves them for three-year periods. The current FMLA forms were approved in 2015 and expire after May 31, 2018. The changes made in 2015 were minor, only adding language pertaining to the Genetic Information Nondiscrimination Act.
Employers covered under the FMLA generally include private employers with 50 or more employees, public agencies, or public or private elementary or secondary schools.
What should employers do?
The last time the forms expired prior to the release of new forms, the OMB extended the expiration dates in 30-day stretches and is likely to do so again if new forms are not released by the end of this month. Until new ones are issued, employers should continue using the expired forms, until the DOL advises otherwise. All FMLA forms can be found here, and HR Knowledge will advise when new forms are released.
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