DOL Releases Updated FMLA Forms

The Department of Labor’s Wage and Hour Division (WHD) recently released streamlined forms employers may use to coordinate leave under the Family and Medical Leave Act (FMLA).  The updated forms include:

• Certification of Health Care Provider for Employee’s Serious Health Condition (Form WH-380E);
• Certification of Health Care Provider for Family Member’s Serious Health Condition (Form WH-380F);
• Designation Notice (Form WH-382); and
• Notice of Eligibility and Rights and Responsibilities under the FMLA (Form WH-381)

The FMLA does not require the use of any specific form or format, therefore all forms listed on the WHD website are considered optional-use. Although employers are not required to use the WHD forms, employers should be sure to include all relevant information as required by the FMLA and its regulations.

Employers should also be aware they are required to accept a completed and sufficient certification, regardless of the format. Employers are prohibited from rejecting a certification that contains all the information needed to determine if the leave is FMLA-qualifying. As explained by the WHD, an employer cannot refuse:

• A fax or copy of the certification;
• A certification not completed on the employer’s standard company form; or
• Any other record of the medical documentation, such as a communication on the letterhead of the health care provider.

For FMLA compliance advice, please contact your Dinsmore labor and employment attorney.