Now in Effect: New FMLA Poster and I-9 Form!

As a friendly reminder, employers must update two key employment forms this month.  As of March 8th, employers must begin using the most recent FMLA poster issued by the Department of Labor.  The updated poster reflects the DOL’s final rule concerning military related leave available under FMLA.  The DOL has also issued new FMLA forms to reflect these changes.  Also as of March 8th, employers must begin using the new I-9 Form issued by the U.S. Department of Homeland Security, Department of U.S. Citizenship and Immigration Services.  Unlike other recent versions of the form, this form has a three year shelf life as it will not expire until March 2016.  New instructions for the I-9 form have also been published to help guide employers.   

The new FMLA poster can be downloaded here: or

Info & links to the updated FMLA forms are found here:,, and


The new I-9 Form and instructions can be downloaded here:


If you have any questions regarding the new forms or the changes to the FMLA, feel free to contact any member of the Stoel Rives LLP Labor and Employment Group.

Reminder: New FMLA and Military Leave Regulations Take Effect Today

In case you haven’t heard, new Family and Medical Leave Act (FMLA) regulations take effect today, Friday, January 16. Some highlights of the new regulations include:

  • Regulations covering the recently instituted military family leave laws
  • Expanded FMLA general notification requirements
  • New individual eligibility notification and leave designation requirements
  • New forms for eligibility notification, leave designation, and health care provider and military family leave certifications
  • New fitness-for-duty certification requirements
  • New leave tracking and notification requirements
  • New certification and recertification requirements and procedures

There are too many changes to explain in detail in this email message, but we have you covered: Follow this link to download our detailed memorandum on the new regulations. Follow this link to download the new FMLA forms and poster.  Or if you're really into reading lengthy goverment regulations (and who isn't, really?) you can download the new FMLA regulations here

New FMLA Forms and Poster Now Available For Download

As previously reported in the Stoel Rives World of Employment, new Family and Medical Leave Act (FMLA) regulations will take effect January 16, 2009.  The DOL has now published six new optional forms contemplated by the new regulations, and as promised, the Stoel Rives World of Employment has them for you right here (just click on the form number to download):

  1. Employee’s Serious Health Condition (WH-380E)
  2. Family Member’s Serious Health Condition (WH-380F)
  3. Notice of Eligibility and Rights and Responsibilities form (WH-381)
  4. Designation Notice to Employee of FMLA Leave (WH-382)
  5. Certification of Qualifying Exigency for Military Family Leave (WH-384)
  6. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385)

And as if that's not enough, there's a new mandatory FMLA poster to put up in your workplace, which you can download here:  2009 FMLA Poster.  As you know, every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act’s provisions - this new poster will meet those requirements. 

New I-9 Form Now Available

A new I-9 form is now available from the U.S. Citizenship and Immigration Services.  What's changed, you might ask?  Good question.  Nothing substantive, merely the expiration date.  Ironically, the Paperwork Reduction Act requires government forms to carry an expiration date, and because the old I-9 form expires June 30, 2008, the USCIS has to publish a new one. 

Still using the old form?  Don't worry - using the new one won't be mandatory until 30 days after appearing in the Federal Register (and this hasn't even happened yet), but you can start using the new form now if you want to. 

The last substantive changes to the I-9 were made in 2007.  If you're interested, you can read the USCIS's Press Release describing those changes.  If you have general questions about the I-9, read the 2007 I-9 Handbook for Employers, also from the USCIS.  And, feel free to complain to your congressperson about the Paperwork Reduction Act.