Can Employers Still Use the FMLA Forms that Expired on June 30, 2023?


Particularly observant employers may notice (and worry) that the U.S. Department of Labor’s model Family and Medical Leave Act forms and notices that they have been using have an expiration date of June 30, 2023, and that the forms now available on the DOL’s website have a new expiration date of June 30, 2026. But there is no need to panic – the old forms are just fine.

As FMLA-covered private employers (those with 50 or more employees) know, the FMLA imposes very specific notice and other informational requirements on employers (and employees). In order to assist employers with compliance, the DOL has prepared model notices and forms that employers may use. Employers may also develop their own notices and forms, but given the very technical requirements that these documents must meet, we strongly suggest that employers use the DOL’s models. These notices and forms are:

As the DOL explains on its FMLA forms webpage, the expiration date is related to the collection of certain information required by the Office of Management and Budget. Other than extending the expiration date to 2026, there was no change in the forms and notices. So, employers – it’s a sell-by date, not a use-by date.