The U.S. Department of Labor (DOL) recently published updated model Family and Medical Leave Act (FMLA) notices and certification forms on their website. The most notable change to the forms is their reference to the Genetic Information Nondiscrimination Act of 2008 (GINA). Copies of the updated forms are available on the DOL's website: www.dol.gov/whd/fmla/
GINA is a federal law enforced by the Equal Employment Opportunity Commission (EEOC) that makes it illegal for employers to discriminate against employees or applicants based on their genetic information. GINA also restricts employers from requesting employees and their family members genetic information, except in very limited circumstances.
Consistent with this new law, the DOL revised instructions in the "Certification of Health Care Provider for Employee's Serious Health Condition" form. Now, instructions specifically state that information related to genetic tests, as defined in the Code of Federal Regulations, shall not be provided. Similar disclaimer language was also added to other DOL certification forms.