Employers- are you using the correct I-9 and FMLA forms?

Colleen M. Flynn

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On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) issued the revised Employment Eligibility Verification Form I-9 for use.  All employers are required to complete an I-9 form for each employee hired in the U.S.  The new I-9 form is two pages and requires that the employee section, Section 1, be completed no later than the first day of employment.  However, Section 1 should never be completed before the employee has accepted a job offer.  Section 2, the employer section, must be completed by the employer examining evidence of identity and employment authorization within 3  business days of the employee’s first day of employment.  The new I-9 along with instructions can be found at www.uscis.gov/files/form/i-9.pdf.  Employers must always remember that the Spanish form may ONLY be used in Puerto Rico and that an employer cannot specify which document(s) will be accepted from an employee.  Employers must also re-verify expiring work authorizations and employers may not employ anyone who is not legally eligible to work in the U.S.  Employers must begin using the new I-9 form immediately.

The Department of Labor (“DOL”) has issued the new Family and Medical Leave Act (“FMLA”) poster and revised FMLA forms reflecting the Final Rule effective March 8, 2013, which implements the most recent FMLA amendments.  Most of the new regulations relate to rarely used provisions of the FMLA, including regulations specific to airline personnel and flight crews and military caregiver leave issues.  Employers should immediately post the new FMLA poster which reflects the revisions to the FMLA and should either amend their FMLA forms to reflect the changes or use the DOL’s FMLA forms which have been updated to reflect the revisions.  The FMLA poster and forms are located at www.dol.gov/whd/fmla/
For further questions on the FMLA, I-9 forms or other labor and employment issues, please contact Colleen M. Flynn, Esq.