Time to Update Those FMLA Forms!

By Fiona W. Ong - Shawe Rosenthal LLP

August 30, 2018

Finally! The new Family and Medical Leave Act (FMLA) forms and notices are here!

As FMLA-covered employers sadly know, the FMLA requires employers to provide certain very detailed notices to employees requesting FMLA. In addition, employers may request only very specific and limited information from employees and their (or their family member’s) health care providers. The Department of Labor provides model FMLA forms and notices that meet the FMLA’s requirements on its website. These documents must be submitted to the Office of Management and Budget for approval every three years. The last batch of documents expired on May 31, 2018, but the DOL continued to extend their expiration date on a month-to-month basis while it awaited approval from OMB. Now finally, the Department of Labor has issued its updated FMLA forms and notices, which expire on August 31, 2021:
WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
WH-382 Designation Notice (PDF)
WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
WH-385 Certification for Serious Injury or Illness of Current Servicemember — for Military Family Leave (PDF)
WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

Although the forms are essentially unchanged from the prior version, employers should begin using the new forms rather than the expired ones!