What is the Genetic Information Nondiscrimination Act (GINA), and how does it apply to FMLA medical certification?

The Genetic Information Nondiscrimination Act of 2008 (GINA) protects individuals from discrimination based on genetic information in employment and health insurance.
When requesting medical certification for FMLA or other medical-related leave, agencies must include a GINA disclaimer to ensure no genetic information is collected.
The required safe-harbor language is:
“The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual except, as specifically allowed by this law.
To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information.
Genetic information, as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”
This disclaimer must be provided to all employees when requesting medical certification.
For more information, visit the State of Tennessee Attendance and Leave Manual.