July 24, 2020

Updated FMLA Forms

The Department of Labor (DOL) recently released new “optional” Family and Medical Leave Act (FMLA) forms. The changes as stated by the DOL were made to simplify the forms for employees, employers, leave administrators and healthcare providers. The new forms are located on the DOL web page, along with a list of questions and answers related to the forms.

For ease of reference, below are the links to the updated forms:

Form WH-381 – Notice of Eligibility & Rights and Responsibilities

Form WH-382 – Designation Notice

Form WH-380-E – Employee’s Serious Health Condition Certification

Form WH-380-F – Family Member’s Serious Health Condition Certification

Form WH-384 – Qualifying Exigency Certification

Form WH-385 – Military Caregiver of Current Service Member Certification

Form WH-385V – Military Caregiver Leave of Veteran Certification

In addition to the DOL forms listed above, many employers have additional forms that deal with the employee’s request for FMLA, fitness for duty and return to work. As stated above, the decision to use the DOL forms is optional to employers.

The DOL is also asking members of the public to submit public comments regarding regulations implementing FMLA, and the interpretations contained in any of the seven opinion letters DOL has issued on FMLA since 2018. Public comments on these topics will be accepted until September 15, 2020, and may be submitted through the at Federal eRulemaking Portal or by mail.

As with all medical information, the FMLA forms and information about an employee’s FMLA leave and condition must be kept confidential and separate from other employee files. It is an FMLA violation for an employer to share information about an employee’s FMLA leave with other employees.

For additional questions regarding FMLA or other personnel related matters, contact Personnel Services Manager Andrea Shindlebower Main or Personnel Services Attorney Courtney Risk Straw.