DOL Posts Updated Versions of its Model FMLA Forms
- Article Information
- Published on Wednesday, 25 April 2012 16:26
The US Department of Labor (DOL) has posted updated versions of the following model Family and Medical Leave Act (FMLA) forms:
"Certification of Health Care Provider for Employee’s Serious Health Condition" (WH-380-E) (Not for use by California employers- see below for information regarding the proper California medical certifcation form)
"Certification of Health Care Provider for Family Member’s Serious Health Condition" (WH-380-F) (Not for use by California employers- see below for information regarding the proper California medical certifcation form)
"Notice of Eligibility and Rights & Responsibilities" (WH-381)
"Certification of Qualifying Exigency for Military Family Leave" (WH-384)
The forms do not contain any substantive changes, although employers who use these forms should implement the new forms. California employers still cannot use the DOL’s medical certification form because it asks for a medical diagnosis, which is not permitted in California. California employers may use the Fair Employment and Housing Commission’s (FEHC) model medical certification form. In addition, the DOL’s medical certification forms and the FEHC’s medical certification form do not include the “safe harbor” language recommended by the Equal Employment Opportunity Commission’s (EEOC) regulations, regarding the disclosure of genetic information as prohibited by the Genetic Information Nondiscrimination Act of 2008 (GINA). Therefore, employers should add the following language to the medical certification forms and any other document that requests medical information:
“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 any 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.''
The forms are in effect through February 28, 2015. More information can be located here.
EEOC Issues Guidance on Impact of GINA on Employer Wellness Program
- Article Information
- Published on Monday, 01 August 2011 17:07
The Equal Employment Opportunity Commission (EEOC) has issued an opinion letter regarding the impact of the Genetic Information Nondiscrimination Act (GINA) on employer wellness programs. GINA restricts the ability of heath care insurers and employers to request, require or purchase genetic information about employees, although there are six exceptions. The question presented to the EEOC was whether health surveys and other types of questionnaires which seek information about an employee’s family medical history as part of an employer wellness program violate GINA. In response to the inquiry, the EEOC noted that one exception to GINA allows employers to “acquire genetic information about an employee or his or her family members when it offers health or genetic services, including wellness programs, on a voluntary basis. The individual receiving the services must give prior voluntary, knowing, and written authorization. While individualized genetic information may be provided to the individual receiving the services and to this or her health or genetic service providers, genetic information may only be provided to the employer or other covered entity in aggregate form.” The EEOC also noted that employers may not offer financial inducements for employees to provide genetic information as part of a wellness program. However, the final rule specifies that an employer may offer a financial inducement for completing a health risk assessment as part of a wellness program which contains questions about genetic information as long as the employer identifies such questions and informs the employee that he or she does not have to provide genetic information in order to receive the financial inducement. Read More.
EEOC Proposes To Extend Recordkeeping Requirements to GINA
- Article Information
- Published on Tuesday, 07 June 2011 07:00
The Equal Employment Opportunity Commission (EEOC) proposes to extend its recordkeeping requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA) which prohibits employment discrimination based on genetic information. More specifically, GINA prohibits the use of genetic information in making employment decisions, it limits the disclosure of genetic information, and it prohibits retaliation against employees who complain about genetic discrimination. Pursuant to the EEOC's proposal, its current Title VII and ADA recordkeeping regulations would be amended to add GINA, thereby requiring that employers maintain any workplace records that are created pursuant to GINA. Title VII regulations require those employers who are subject to Title VII to retain any personnel records that they create for one year from the date the record is made or one year from the date of any personnel action, whichever date occurs later. Pursuant to the Fair Employment and Housing Act (FEHA) employers must retain such records for at least two years from when they are created, or from the date of a personnel action, which ever date occurs later....
