On Jan. 16, the U.S. Department of Labor’s new
The most significant changes were to the regulatory scheme for handling certifications and medical documentation. The new regulations break leave certifications into two mandatory steps: (1) an eligibility notice at the outset of the leave, and (2) a designation notice after the employer has gathered enough information to make an informed decision about the propriety of the leave request.
To help facilitate this information gathering, the new regulations also changed the medical certification process.
The eligibility notice
Under the (register to read more)’s former iteration, employers have only one designation requirement to employees seeking —Form WH-381, which is the employer’s response to an employee seeking FMLA leave. The new regulations break this process into two steps, requiring the use of several different docume...