DOL’s Model FMLA Forms Expire in 2018

The following is an article overview. Click here to view the full compliance brief.

Overview

The Department of Labor (DOL) maintains model forms to help employers meet their notification obligations under the Family and Medical Leave Act (FMLA). Employers are not required to use the DOL’s model forms; they can customize the model forms or create their own FMLA forms.

Every three years, the DOL must submit its model FMLA forms to the federal Office of Management and Budget (OMB) for approval for continued use. The OMB’s approval for the current FMLA forms expires in 2018. This expiration date is included on the model forms in the upper right corner. The DOL has requested that the OMB reauthorize the model FMLA forms for another three-year period, until 2021, without proposing any substantive changes to the forms.

The IRS limits for HSA contributions will increase for 2019. The HDHP maximum out-of-pocket limits will also increase for 2019. The HSA contribution limits will increase effective Jan. 1, 2019, while the HDHP limits will increase effective for plan years beginning on or after Jan. 1, 2019.

Action Steps

Employers may continue to use the DOL’s current model forms until new ones are released. The updated model forms are expected to be the same as the current forms, except they will have a 2021 expiration date in the upper right corner.

Employers that use the model FMLA forms can monitor the DOL’s FMLA webpage for updated model forms.

Highlights

  • • The DOL’s model FMLA forms currently contain an expiration date of June 30, 2018.
  • • The expiration date relates to a regulatory approval process; it does not relate to the forms’ actual content.
  • • Employers may continue to use the DOL’s model forms until new ones are provided.

Important Dates

May 31, 2018
The DOL’s model FMLA forms expired (based on a three-year regulatory approval process).

June 30, 2018
The expiration date on the DOL’s model FMLA forms was extended by one month, until June 30, 2018.

Please reach out to us if you have any questions.

This compliance update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.