By Anne-Marie L. Storey,   Esq.

The Department of Labor has recently issued updated FMLA forms   to replace the current expired forms.  The new forms can be found on   their website at    I have mentioned several times in discussing the prior forms that there was   no reference to or exclusion for information protected by the Genetic   Information Nondiscrimination Act (GINA).  The new certification to the   health care provider forms do now contain language in the instructions   relevant to GINA, specifically:  “Do not provide information about   genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as   defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder   in the employee’s family members, 29 C.F.R. § 1635.3(b).”  
The fact that this is the proposed language would insinuate that this is sufficient to meet your burden as an employer to prohibit the release of unintended and unwanted genetic information.  Of course, there is no   guarantee that that will be the case.   
 This form will be discussed in more detail during our upcoming Lunch and Learn, June 12, which will address generally issues related to communication with an employee medical provider under many different laws, including the FMLA, ADA, MHRA, GINA and workers’ compensation. 




Anne-Marie     Storey     | Attorney


The     Graham Building | 84 Harlow Street


P.O.     Box 1401 | Bangor, Maine 04402-1401


tel:     207.947.4501 | fax: 207.941.9715




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