Lewis and Roca LLP
Howard E. Cole , Abbe M. Goncharsky and Alexandra G. Gormley
February 28 2012
Last week the U.S. Department of Labor released an updated version of its “Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act)” form (Form WH-380-F, located at http://www.dol.gov/whd/forms/WH-380-E.pdf). This form is to replace the previous version of the form, which will expire on February 29, 2012.
However, the new version of the form still requests information about the diagnosis of the condition that forms the basis of the employee’s request for FMLA leave. This requirement violates Genetic Information Nondiscrimination Act (“GINA”), which strictly limits the disclosure and use of genetic information.
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