The DOL mustsubmit the new forms to the Office of Management and Budget (OMB). At first, OMB had not yet approved the newFMLA forms, so DOL was advising that employer could still use the expiredforms. However, on Saturday, January 14,2012, the DOL changed the expiration date for the most current forms to January31, 2012, extending the use of the existing forms.
The most currentforms are subject to updating in part because they do not address the GeneticInformation Nondiscrimination Act (GINA) safe harbor notice employers canprovide when seeking medical information from employees or employees’ medicalproviders. The safe harbor notice states that “GINA prohibits employers andother entities covered by GINA Title II from requesting or requiring geneticinformation of employees or their family members. In order to comply with thislaw, we are asking that you not provide any genetic information when respondingto this request for medical information. ‘Genetic information,’ as defined byGINA, includes an individual’s family medical history, the results of anindividual’s or family member’s genetic tests, the fact that an individual oran individual’s family member sought or received genetic services, and geneticinformation of a fetus carried by an individual or an individual’s familymember or an embryo lawfully held by an individual or family member receivingassistive reproductive services.”
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