When federal agency forms (such as DOL or USCIS paperwork) pass their printed expiration date, employers can typically continue using the current version unless a brand-new edition have been officially released or check USCIS I-9 Central for direct updates.

Understanding Expiration Dates

  • OMB Control Dates: The printed date represents approval from the Office of Management and Budget for data collection, not a strict legal cutoff for the document content itself.
  • Grace Periods: Agencies often extend past expiration dates or roll them over while review processes happen behind the scenes.
  • Active Validation: Always check the issuing government agency website to see if a replacement version is actively required for new filings.

Best Practices for Compliance

  • Keep Using Current Stock: Continue using the existing form safely if no replacement has been published yet.
  • Swap When Released: Update internal HR portals and software systems immediately once a newer edition is formally issued.
  • Do Not Retroactively Fix: You generally do not need to redo past correctly filled forms just because a new version was later released.

Current FMLA Website:

https://www.dol.gov/agencies/whd/fmla/forms

Steps Employers Should Take

1. Identify Expired Forms
The first step is to conduct a thorough review of all employment forms currently in use. This includes:

  • W-4 Forms: Federal Employee’s Withholding Certificate
  • I-9 Forms: Employment Eligibility Verification
  • State-Specific Forms: Varies by state, including tax withholding forms and labor law posters.

2. Stay Informed on Updates
Employers should regularly check for updates from relevant federal and state agencies. This can be done by:

  • Subscribing to newsletters from the IRS, Department of Labor, and state labor departments.
  • Visiting official websites for announcements regarding form changes or expirations.

3. Replace Expired Forms
Once expired forms are identified, employers should:

  • Obtain Updated Forms: Download the latest versions from official government websites.
  • Communicate Changes: Inform employees about the need to complete new forms, emphasizing the importance of compliance.

4. Implement a Compliance System
To prevent future issues with expired forms, employers should establish a compliance system that includes:

  • Regular Audits: Schedule periodic reviews of employment forms to ensure they are current.
  • Tracking System: Use a digital or physical tracking system to monitor the expiration dates of forms.

5. Train HR Staff
Ensure that human resources personnel are well-informed about the importance of using current forms. Training should cover:

  • The implications of using expired forms.
  • Procedures for updating forms and communicating changes to employees.

6. Maintain Employee Records
Employers should keep accurate records of all employment forms, including:

  • Completed Forms: Store both current and expired forms for reference.
  • Documentation of Updates: Maintain a log of when forms were updated and distributed to employees.

7. Address non-compliance
If an employer inadvertently uses expired forms, they should:

  • Assess the Situation: Determine the extent of non-compliance and any potential penalties.
  • Correct the Issue: Promptly replace expired forms and ensure all employees complete the new versions.
  • Consult Legal Counsel: If necessary, seek legal advice to navigate potential repercussions.

Proactive audits and awareness of expiration dates are necessary to remain legally compliant.  In the many audits I have conducted, expired forms continue to be an issue.  I am happy to answer any questions related to compliance, process and correcting.

Unknown's avatar

Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD Lean Six Sigma Black Belt ABOUT: Matthew Burr has over 18-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, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has over 70+ publications including, American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM). Burr Consulting, LLC Capabilities Statement General Information: Burr Consulting, LLC Owner: Matthew W. Burr Mission Statement: “Strategically Aligning HR as a Partner for the Success of Your Business” Contact Information: Burr Consulting, LLC What's New in HR Blog Talentscape, LLC Labor Love, LLC (Labor Posters) The HR Support Center The Upstate HR Podcast (607)227-4386 Matthew@Burrconsultingllc.com Facebook: Burr Consulting, LLC LinkedIn: Burr Consulting, LLC Twitter: @Burrconsulting Online Certification Verification: Credibly Dun & Bradstreet (D&B) Number: 080776443 NAICS Codes: 541612, 923130, 54161, 541611, 541613, 611430, 541618, 561312, 561311 SIC: 8742, 8748, 9441, 8748001, 8748026 Our Services HR MANAGEMENT New Hire Orientation; Temporary HR Support; Recruiting and Application Tracking; HR Compliance (ADA, FMLA); Employee Handbook; Policy and Procedure; HRIS; HR Audits; Job Profile Design and Revision; HR Key Performance Indicators; EEO Reporting and Classification; State Unemployment Insurance Services TRAINING & TRAINING DEVELOPMENT Organizational Development; Employee Relations; Workplace Violence; Harassment & Sexual Harassment; Union Awareness; Managerial EMPLOYEE & LABOR RELATIONS Employee Relations Training; Conflict Resolution; Mentoring; Workplace Investigations; Labor Contract Costing; Mediation & Arbitration Prep; Fact-Finding; Workplace Investigations; Coaching & Counseling; Performance Reviews; Contingency Plan Development; Contingency Plan Training; State of New York Public Employment Relations Board (PERB)PERB Mediation and Fact-Finding Panels (Albany, NY covering the Elmira, NY Area) HIRING & RECRUITMENT Applicant Tracking Systems; Metric Development; Interview Training; Workforce Planning; Recruitment; Interviews; Job Offers; New Hire Process POLICY & COMPENSATION Group Plans – Healthcare, Dental, Vision, Group Life, Short- and Long-Term Disability; Retirement – 401(k), Profit Sharing, Roth; Workers Compensation; Total Compensation Design and Strategy; Deferred Compensation Plans; Salary Surveys; Reward Systems; Online Payroll; Customized Payroll Processing; Employee Self Service; Customized Reporting HR COMPLIANCE MATERIALS Burr Consulting, LLC is excited to announce a new partnership with Labor Love LLC, expanding our services to include HR printed materials compliant with industry standards.

Leave a comment