The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has revised the forms employers and employees may use to meet their notification and certification obligations under the federal Family and Medical Leave Act (FMLA).
The DOL said the forms were revised to include more questions that users can answer by checking a response box and electronic signature features to reduce contact.
The following forms were revised:
- Eligibility 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
The FMLA requires that certain information be provided by employers and employees. This information may be conveyed in any format and the WHD forms are not required to be used for that purpose. WHD FAQs also clarify that the prior versions of these forms, including forms with expiration dates that have passed, may still be used. Employees who used the prior certification forms do not have to provide their employers with the same information using the revised forms.
Below is a document with additional information about the revised forms:
To view a quick 1 minute video overview, click here.