DOL Releases New Versions of Several FMLA Forms

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has released new versions of several Family Medical Leave Act (FMLA) forms. The forms have a June 30, 2023 expiration date  [DOL News Release No. 20-1387-NAT, 7/16/20].

Background. The Family and Medical Leave Act (FMLA), qualifying employees are permitted to take up to 12 weeks of unpaid leave for specified family and medical reasons. The FMLA applies to all employers that employ 50 employees.

The forms are provided in electronically fillable PDFs and can be saved electronically. Employers are permitted to use their own forms if the same basic information and certification is provided. The revisions include questions with checkbox responses and the forms now permit electronic signatures.

The following forms now have a June 2020 revision date:

• Form WH-380-E (Certification of Health Care Provider for Employee’s Serious Health Condition)
• Form WH-380-F (Certification of Health Care Provider for Family Member’s Serious Health Condition)
• Form WH-381 (Notice of Eligibility and Rights & Responsibilities)
• From WH-382 (Designation Notice)
• Form WH-384 (Certification of Qualifying Exigency For Military Family Leave)
• Form-385 (Certification for Serious Injury or Illness of a Current Servicemember – for Military Family Leave)
• Form 385-V (Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave)

 
The forms can be found on the WHD Forms website.

Q&As. The DOL also released Questions and Answers (Q&A) regarding the forms. The Q&As note that the DOL does not require employers to use any specific form, however, the June 2020 revisions have been designed to make the forms easier to understand.

Employers are not required to collect a new certification form if the old certification contains the required FMLA information. Additionally, employees are not required to use a certification form provided by an employer if the required information needed to determine if leave is FMLA-qualifying is on the certification the employee provides.

 
This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.