Employers Warned to Include GINA Disclosure on FMLA Forms (video)

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee.

Caraway says a one-paragraph statement is available on the Equal Employment Opportunity Commission’s (EEOC) website and tells doctors not to include any genetic information on the FMLA certification form. Including the EEOC language also gives employers a “safe harbor” showing that even if the doctor provides prohibited information, the employer didn’t violate the law.

Watch Caraway’s interview at AEIS.

Caraway is a frequent contributor to Tennessee Employment Law Letter and a member in the Chattanooga office of Miller & Martin PLLC