EXPIRED FORMS – STILL REQUIRED TO COMPLY
The Department of Labor-provided forms for Family and Medical Leave Act (FMLA) use are expiring today. Does that mean you no longer have to provide them to employees? Does it mean they are no longer valid? The answer to both questions is no. So what do you do?
Department of Labor forms are typically only good for three years at a time, thanks to the Paperwork Reduction Act of 1995. According to that law, these forms must be submitted for review every three years to the Office of Management and Budget (OMB). When federal forms expire without OMB approving new proposed forms, the forms renew on a month-to-month basis until new forms are approved.
In the case of the expiring FMLA forms, the Department of Labor requested the current forms be renewed without changes. Therefore, if this request is approved (and there is no reason to assume it won’t be), the expiring forms will become current with a new expiration date.
This, of course, does not mean that employers are permitted to use expired forms when new forms are available. In all cases, employers are to use the most current forms available. If there is a newer approved form, that is what employers are to use. Using an expired form in that instance may result in a compliance issue. However, when a form is expiring without an approved update, employers can feel comfortable using the expired form until a new form becomes available.
In other words, there is no need to panic. Should there be any changes to the forms, we will let you know. Otherwise, it is business as usual.
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