As many of you know by now, the U.S. Department of Labor (DOL) maintains model forms to help employers meet the notice requirements under the Family and Medical Leave Act (FMLA). What some of you may not know is that the forms you are using may have expired!

Every three years, the DOL is required to submit its model FMLA forms to the federal Office of Management and Budget (OMB) for approval for continued use. The DOL’s model FMLA forms expired on May 31, 2018. This expiration date was extended by one month, until June 30, 2018, which was again extended until July 31, 2018. The expiration date, which is seen in the upper right corner of the DOL’s model FMLA forms, relates to the approval process, not necessarily the forms’ actual content.

The DOL has asked the OMB to approve the model FMLA forms for another three-year period, until 2021, without recommending any further changes to the forms.

Employers may continue to use the DOL’s current model forms until new ones are released. The updated model forms are expected to be the same as the current forms, except they will have a 2021 expiration date in the upper right corner.

Employers that use the model FMLA forms can monitor the DOL’s FMLA website for updated model forms.

If you have any questions on these forms and/or would like any assistance preparing and/or revising yours, BakerHostetler’s New York Employment Group, led by Amy J. Traub, is available to help.