The U.S. Department of Labor (“DOL”) recently released revised model Family and Medical Leave Act (“FMLA”) forms to administer FMLA leave. Pursuant to the Paperwork Reduction Act (“PRA”), the Office of Management and Budget (“OMB”) reviews the FMLA forms every three years. The most-recent forms expired on February 28, 2015.
The new forms are effective until May 31, 2018, and may be accessed through the links below or the DOL Wage and Hour Division’s FMLA webpage:
- 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-381: Notice of Eligibility and Rights & Responsibilities
- WH-382: Designation Notice
- WH-384: Certification of Qualifying Exigency For Military Family Leave
- WH-385: Certification for Serious Injury or Illness of Covered Servicemember – for Military Family Leave
- WH-385-V: Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
Some forms contain minor revisions and others have remained the same. Among the revisions, the FMLA forms now include references to medical record confidentiality and disclosure requirements contained in the Genetic Information Nondiscrimination Act (“GINA”).
Employers covered by the FMLA are not required to use these forms for FMLA leave. However, all employers who choose to use their own forms should review the updated forms to ensure their forms are current and that such customized forms do not seek prohibited information or information that exceeds the information permitted by the FMLA. Employers should also remember that state law may provide greater family and medical leave entitlement than the FMLA and/or require that employers provide other forms or information.
*Patrick Watts practices in all areas of labor and employment law and advises employers on all aspects of the FMLA. For more information about the updated FMLA forms or the FMLA in general, please contact: Patrick Watts | pmw@zrlaw.com | 216.696.4441