Revised FMLA Forms
Recently, the U.S. Department of Labor (DOL) revised Family and Medical Leave Act (FMLA) forms. These revisions require more detailed information in certain notices and medical certifications.
The forms changed include:
- WH-381, notice of eligibility and rights and responsibilities
- WH-382, designation notice
- WH-380-E, medical certification of an employee’s serious health condition
- WH-380-F, medical certification of a family member’s serious health condition
Notice of Eligibility and Rights and Responsibilities
Significant changes were made to the notice of eligibility and rights and responsibilities forms. The forms now have seven sections related to an employee’s FMLA leave and return to work plans.
The DOL also aligned this notice with leave regulations, including employers’ ability to indicate:
- If and how short an employee falls below the required 1,250 hours of service within 12 months before FMLA leave
- How the FMLA leave impacts employee benefits outside of health insurance
- If FMLA leave will be available with Workers’ Compensation benefits, disability insurance coverage, or leave required by state law
A noteworthy adjustment to this form is the outline of steps an employee can take to amend an incomplete/insufficient certification.
The revised medical certification form for an employee’s/family members’ serious health condition now requires the medical provider to estimate the timing of future treatments.
RBN as a Resource
RBN is a resource for you and your company for up-to-date compliance information, including changes to required forms and certificates.