FMLA Forms In Conflict With California

We have been asked by several clients to

clarify the use of the federal forms for the

FMLA. Those forms permit a discussion

about the “diagnosis” and other such

information that California (CFRA) does

not permit. Since CFRA has a stricter

guideline that does not permit an inquiry

regarding the diagnosis for a serious

health condition, I would recommend

not using the federal forms and use the

California CFRA forms. In the alternative,

if you decide to use the federal forms

put an “X” (or block out) through any

portion asking for the diagnosis of the

serious health condition.

The FMLA has some major changes

effective January 16, 2009. Be careful.

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