News & Updates

Government Issues New Form I-9 and FMLA Materials March 20, 2013

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published revised Employment Eligibility Verification Form I-9 (Rev. 03/08/13)N. According to the USCIS website, “improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers.” The most noticeable change for employers will likely be the length of the actual Form I-9 that must be completed by the employer and employee, which has increased from one page to two pages.

Although USCIS advises employers begin using the new Form I-9 right away, employers may continue to use the previous versions labeled 02/02/09N and 08/07/09Y until May 7, 2013. After May 7, employers must only use the new Form I-9 for all new hires and reverifications. A Spanish version of the new Form I-9 is also available, but may only be used in Puerto Rico.

Employers with at least 50 employees should also be aware that the U.S. Department of Labor (USDOL) has issued final regulations implementing (relatively) recent amendments to the federal Family Medical Leave Act (FMLA). The amendments and final regulations expand the availability of military caregiver leave and qualifying exigency leave, and modify existing rules to ease eligibility requirements for airline personnel and flight crews in light of their unique work schedules.

In conjunction with the final regulations, the USDOL revised its FMLA poster, which covered employers should post immediately, as well as its prototype FMLA forms (including a brand new Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave), which employers should use in accordance with FMLA regulations.

Employers with questions about the Form I-9 or their obligations under the FMLA should contact: