Department of Labor Updates FMLA Forms

The Department of Labor (DOL) has updated its forms that may be used by employees and employers to request and coordinate requests for leave under the Family and Medical Leave Act (FMLA). The updated forms can be found here or by clicking on the links below:

• Eligibility Notice and Rights and Responsibilities Notice, Form WH-381
• Designation Notice, Form WH-382
• Employee’s Serious Health Condition, Form WH-380-E
• Family Member’s Serious Health Condition, Form WH-380-F
• Qualifying Exigency, Form WH-384
• Military Caregiver Leave of a Current Servicemember, Form WH-385
• Military Caregiver Leave of a Veteran, Form WH-385-V

According to the DOL, these updated forms are streamlined to provide a simpler and easier to use format, and to provide further clarity to employers and employees regarding their respective rights and responsibilities under the FMLA. Key revisions include:

• additional check boxes throughout the forms to streamline requests and responses;
• a clearer outline of an employee’s rights and responsibilities under the FMLA;
• more detailed explanations regarding the concurrent use of FMLA leave with other employer provided leave, including accrued paid leave;
• space for employers to provide employees with information regarding incomplete or insufficient FMLA certifications;
• clarification regarding an employer’s responsibility for designating all FMLA-qualifying leave as FMLA leave; and
• a space for medical providers to offer their best estimate of the employee or family member’s future treatment.

Employers may continue to use prior DOL optional-use FMLA forms.

Note that employers cannot require employees on FMLA leave or employees who have already provided a medical certification for leave to provide a new certification simply because the optional forms have been revised and updated. Generally, employers may only request updated certifications in connection with an absence or a requested absence.