Using one federal agency’s forms should satisfy other federal agencies – right? The answer: not exactly. The Department of Labor (USDoL) has updated its optional FMLA forms and has given them a 2015 expiration date (they are unlikely to make it to 2015 due to changes needed). If the FMLA forms you’re using do not say “Expires 2/28/2015” in the upper right hand corner, go to the USDoL web site and get new forms. See http://webapps.dol.gov/libraryforms.
Simple right? But the Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) is enforced by the EEOC and became effective on November 21, 2009. GINA provides ”safe harbor” language that should be in any request for information about an employee that might include information about “genetic testing” or hereditary diseases such as a family medical history information. To avoid getting information you do NOT want to receive, the EEOC has provided “safe harbor” language that can be included in any request for medical information. This information needs to be added to any request for medical information about an employee or family member, including the USDoL’s FMLA forms:
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 an individual or family member of an applicant or employee, except as specifically allowed by this law. Consideration of family medical history information may violate GINA. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information.