3 Thoughts on Legally Required Forms

• By: Matthew Burr
• Date: May 31, 2018

3 Thoughts on Legally Required Forms

Many of the government mandated forms we use in the workplace have issuance dates and expiration dates. There are times when forms have expired, and the issuing agency not provided a new or revised form (Form I-9 over the past 15 years 2-3 times). Regardless, we need to be aware that forms are revised and updated with new information. We need to review our records to include the current forms. Yes, it does add to the administrative side of your organization and additional research, but spending time researching and updating these required forms is much cheaper than being fined during an audit or inspection.

The 3 thoughts on legally required forms:

1. Form I-9: Yes, my favorite topic, because I write about it so often! The most recent issuance of the Form I-9 is 7/17/17 on the bottom left hand corner of the form. The expiration date is on the top right-hand corner, the form expires on 8/31/2019. Does this mean that the government will not issue a new form until mid-2019? Not at all. They can change the form any time and they generally provide a grace period to implement the new forms. Be aware of the changes, this form has change multiple times in the last 2-years. We could see more of a push for E-verify as part of the Form I-9 processing.
2. Family Medical Leave: Employee Serious Health Condition and Family Member’s Serious Health Condition Both forms expire on 5/31/2018. Let me repeat myself, the FMLA forms for an employee’s serious health condition and a family member’s serious health condition expire on 5/31/2018. Be aware of the expiration dates for both forms. As of now, I have not seen new forms issued by the Department of Labor. Be prepared to update your records as needed and required by the Department of Labor.
3. Additional Forms & Documentation: Other considerations on forms include; state and federal tax forms, the wage and hour notification for NY State employees (revised in 2017), 1099 forms, W-9 tax forms for consultants or independent contractors, short-term disability forms, paid family leave forms, payroll record keeping forms, Worker’s Compensation posting notification (easy to spot expired dates during an audit) and Paid Family Leave posting notification (easy to spot during an audit).

These are just a few thoughts on expiring forms, that are used during the new hire process and throughout the employment relationship. This is an area that we don’t think about often, but it is an important area to ensure we are compliant with up-to-date forms and have accurate records. The same process should be used for policies, procedures and handbooks. We should include revision dates on internal policies, procedures and handbooks to ensure they are legal and up-to-date. A quick Google search will provide most forms any employer might need to update. However, use .gov websites when you download or save electronic versions of the form. If a form is expired with no updated version, it is worth the added time to confirm utilization of the expired form is still legal. For expired worker’s compensation and PFL forms, contact your provider and ask them to send updated posting information. Again, these are easy to spot during an audit. If you are confused on what forms have expiration dates or not sure what to use or where to find updates, seek guidance.

About the Author:

Matthew Burr has over nine years of experience working in the human resources field, starting his career as an industrial relations intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company: Burr Consulting, LLC. Mr. Burr is an adjunct professor at Elmira College, teaching organizational behavior and human resources management. He is also a SHRM Certification Exam Instructor and co-teaches the SHRM Exam Prep Course at Elmira College. He works as a trainer at both Tompkins Cortland Community College and Corning Community College. He is also an on-call mediator and fact-finder through the Public Employment Relations Board in New York State.

Disclaimer: The views expressed in this article are the author's own and do not necessarily reflect ComplianceOnline's editorial policy.