GINA Rules Require New Disclosures In Requests For FMLA Certification

Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA regulations require employers who seek medical certifications in support of leave or accommodation requests – including FMLA leave – to provide new disclosures or risk violating GINA.