Editor's Note: The DOL recently posted new, unexpired forms to its website. The new forms contain an expiration date of February 28, 2015.

On December 31, 2011 the U.S. Department of Labor’s (DOL’s) FMLA forms quietly expired. DOL’s official forms for FMLA medical certification, leave designation and certification related to service member leave all contain an official expiration of December 31, but no new forms have been issued by DOL to replace the expired forms. So, can employers continue to use DOL’s expired forms for their FMLA administration? The answer is a qualified “yes.”

According to the Wage and Hour Division (WHD) of the DOL, the forms have been submitted for renewal to the Office of Management and Budget (OMB). While the forms are being considered by OMB, the WHD will continue to use the expired FMLA forms, as it is allowed to do by federal regulation (5 CFR 1320.10(e)(2)). In this case, what’s good for the goose is good for the gander – employers may also continue to use the expired FMLA forms, pending further notification from WHD.

It is important to note that the expired forms do have some flaws. As most employers also know, DOL’s FMLA forms are missing some critical information, including the so-called “safe harbor” provision required by the Genetic Information Nondiscrimination Act (GINA). As a result, employers should be careful to include the safe harbor provision with requests for medical certification.

When the FMLA forms will be approved by OMB is unknown, but what is clear is that employers may continue to use DOL’s expired forms until new forms are approved or DOL tells them otherwise.