U.S. Department of Labor Issues New FMLA Forms

In July, 2020, the U.S. Department of Labor released new model forms employers can use for leaves that employees take pursuant to the Family and Medical Leave Act (“FMLA”). The Department has developed the optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason. 

The new forms include the following:

  • Notice of Eligibility and Rights and Responsibilities Notice (Form WH-381). This form identifies the employee’s hours of employment that are being counted towards the 1,250-hour minimum service requirement and provides employees more detailed information on use of paid time off during FMLA leave.
  • Designation Notice (Form WH-382). This form is to be sent to the employee by the employer, indicating whether or not the leave has been designated as FMLA leave and, if so, how it will be scheduled.
  • Certifications of Health Care Provider for a Serious Health Condition (Forms WH-380-E and 380-F).
  • Certifications for Military Family Leave (Forms WH-384, 385and 385-V).(Certification for Military Family Leave for Qualifying Exigency and Certification for Serious Injury or Illness of Current Service member for Military Caregiver Leave). 

While the forms are optional, employers are encouraged to use them to ensure compliance with the law. In addition, the revised forms are easier to read and allow for electronic signatures.

The U.S. Department of Labor has published a request for information in the Federal Register requesting input on the FMLA’s regulations from employers and employees. The request can be found here. Written comments on the regulations can be submitted electronically or by mail by September 15, 2020.