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.
