May 29, 2015
The U.S. Department of Labor (“DOL”) has released revised model Family and Medical Leave Act (“FMLA”) forms for employers’ use in administering and determining eligible FMLA leave. Under the terms of the Paperwork Reduction Act (“PRA”), the Office of Management and Budget (“OMB”) must review the FMLA forms every three (3) years. The previous version of the forms expired in February 2015; the newly-released forms are effective through May 31, 2018.
There are minor revisions to some of the forms, though not all, notably the inclusion of language pertaining to medical record confidentiality and disclosure requirements under the Genetic Information Nondiscrimination Act (“GINA”). Employers covered by FMLA can elect to utilize their own forms, but should review the updated forms to be sure their forms meet the current standards and do not contain requests for prohibited information or for more information than permitted under FMLA regulations. Also of note, some states may provide greater family and medical leave entitlement than FMLA, and may also require employers to provide other or additional forms or information.
FMLA forms can be accessed through the links below or by visiting the DOL Wage and Hour Division’s FMLA webpage at: https://www.dol.gov/whd/fmla/index.htm
- 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
The expert consultants at Clemans, Nelson & Associates, Inc. will be happy to answer any questions you may have and help ensure your agency stays in compliance with these newest rules and regulations. Please contact us at 1.800.282.0787 or you can send any of our consultants an email by visiting their staff profile page.