Labor Department Issues New FMLA Forms and Offers Hope for the Future - Overview

Sep 15, 2026

Uploaded by Mary Man

The U.S. Department of Labor has issued new FMLA Notice of Eligibility and Designation Notice forms, along with updated medical certification materials for employees seeking time off under the Family and Medical Leave Act. The revisions mainly improve employer verification by shifting toward a structured check-box format, clarifying concurrent paid-leave treatment, and reinforcing that qualifying leave must be designated as FMLA even if either party prefers otherwise. The new certification guidance asks health providers for more specific estimates, defines serious health conditions more precisely, and adds a path to certify no FMLA need. The DOL also requests public input on potential FMLA regulatory changes, with comments due by September 16, 2020.

LanguageEnglish

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Notice and Certification Form Updates

Notice of Eligibility

Designation Notice

Medical Certification

Labor Department Issues New FMLA Forms and Offers Hope for the Future by Dennis J. Merley-Friday, July 17, 2020 The U.S. Department of Labor (DOL) has just come out with new Notice and Certification forms to use for employees seeking time off under the Family and Medical Leave Act (FMLA) . In addition, they are seeking public comment on changes that should be made in the FMLA regulations. The new forms do not really change the substance of the information that can be sought since, of course, the regulations governing that issue have not actually changed. However, the forms now lean more toward a “check-the-box” format that will assist in verifying more specific information than what employers are used to getting in the older forms. Some notable changes include: Notice of Eligibility The form now identifies the family member to whom the employee will be providing care during the FMLA leave. This may not have much impact unless the employee was somehow confused about their inability to seek FMLA leave to care for more distant relatives. The new form also sets out an extensive section with various check-box options for how the FMLA leave will run concurrently with the employer’s existing paid leave programs. This will bea great benefit to both employees and employers by providing perhaps a simpler explanation of this critical issue. Designation Notice The new Designation Notice addresses one of the most misunderstood FMLA issues for both employees and employers – that if a leave request qualifies for FMLA coverage, it must be treated as such even if the employee (or sometimes the employer) does not wish to do so. The form states: The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving notice to the employee. Once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, an employer may not delay designating such leave as FMLA leave, and neither the employee nor the employer may decline FMLA protection for that leave Thus, the form makes clear that employees may not treat FMLA as a benefit to be applied or not applied as they wish (e.g.“don’t count this as FMLA because I want to save some vacation for later in the year”), nor may employers ignore FMLA for their convenience (e.g. “if we don’t treat this as FMLA, we won’t have to pay their insurance for the next couple of months”) . The new form also provides greater precision in regard to dealing with an incomplete certification, including a requirement that the employer “[s]pacify the information needed to make the certification complete and/or sufficient.” Medical Certification One very helpful change is the inclusion of directives to the health care provider to provide their“best estimate” as to: how long the medical condition might last; the beginning and end date for treatments; the duration of treatment (including recovery period); in the case of reduced schedule leave, the schedule that the employee will be able to work; and in the case of intermittent leave, the frequency and duration of episodes of incapacity. These directives will help reduce the number of times that employers receive certification forms that address these matters with responses like “indefinite”,“uncertain” or “to be determined.” Finally, the new certification form sets forth the list of circumstances (e.g. inpatient care, incapacity plus treatment, chronic condition) that constitute a serious health condition that qualifies for FMLA. At the end of this list, the DOL has included a checkbox for “None of the above” and a directive to proceed directly to the signature page. Thus, for the first time, a health care provider can officially certify that there is no need for a FMLA leave. DOL Request For Information The DOL also published a “request for information” on suggested changes to FMLA regulations. Their primary inquiry was “What would [employees and employers] like to see chang

FAQs

What changes do the new FMLA Notice and Certification forms introduce?

The forms keep the same underlying FMLA substance but move toward a check-box structure to collect more specific information and improve verification. They also clarify how FMLA leave runs concurrently with existing paid leave programs.

What does the Designation Notice clarify about an employer’s responsibilities?

If a leave request qualifies for FMLA coverage, the employer must designate it as FMLA and provide notice. Neither the employee nor the employer may decline FMLA protection for that qualifying leave.

How does the medical certification guidance affect health care provider responses?

Providers are directed to give “best estimate” details such as condition duration, treatment dates, recovery period, and—when relevant—reduced schedule or intermittent leave episode frequency and duration. The forms also add a clear option to certify that no FMLA leave is needed.

Sep 15, 2026

Uploaded by Mary Man