The Department of Labor has provided updated Family and Medical Leave Act (FMLA) forms for notification of eligibility for, certification of, and designation of leave under the Act. The new forms are available on the DOL’s website. Although employers are free to craft their own forms, using the DOL forms removes one potential landmine in an area rife with potential pitfalls.
Among other tweaks to the forms, one particularly welcome change is the implementation of an electronic signature to reduce contact. In addition, the revised FMLA certification forms—WH-380-E (Certification of Health Care Provider for Employee’s Serious Health Condition), WH-380-F (Certification of Health Care Provider for Family Member’s Serious Health Condition), WH-384 (Certification for Military Family Leave for Qualifying Exigency), and WH-385—set forth deadlines for return of certifications, define continuing treatment and qualifying family members, and categorize information based on the type of underlying continuing treatment for serious health conditions and qualifying exigencies. The revised notice of eligibility form, WH-381, identifies the hours of service worked towards the 1,250-hour minimum service requirement under the FMLA, provides an option for ineligibility for failure to meet the service eligibility requirements for airline flight crew employees, and provides more robust information regarding the substitution of paid leave. The revised designation notice form, WH-382, similarly provides more robust information regarding the substitution of paid leave.
These new and improved forms should spur employers to review and update their FMLA processes and educate employees on rights and obligations under the FMLA. The lawyers at Faulkner Law Offices, PLLC can help you navigate all things FMLA.