DOL Revises Model FMLA Forms and Solicits Input for Possible Revisions to FMLA Regulations

This month, the U.S. Department of Labor released revised and “streamlined” optional forms that employers can use in administering leave under the Family and Medical Leave Act.

Employers covered by the FMLA must comply with quite technical notice and designation requirements. Although use of the DOL’s model forms is not required, such use assures employers of their compliance with the content mandates for these notices. According to the DOL, “Significant updates include fewer questions that require written responses, replaced by statements that can be completed by checking a box, and – in support of minimized contact – electronic signature features.”

The revised forms are as follows:

• WH-380-E: FMLA Certification of Health Care Provider for Employee’s Serious Health Condition
• WH-380-F: FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition
• WH-381: FMLA Notice of Eligibility and Rights & Responsibilities
• WH-382 : FMLA Designation Notice
• WH-384 : FMLA Certification of Qualifying Exigency for Military Family Leave
• WH-385 : FMLA Certification for Serious Injury or Illness of Covered Servicemember – for Military Family Leave
• WH-385V : FMLA Certification for Serious Injury or Illness of a Veteran for Wage and Hour Division Military Caregiver Leave

In addition, the DOL issued a Request for Information, asking employers and employees to provide input as to what changes to the FMLA regulations they would like to see in order “to better effectuate the rights and obligations under the FMLA.” The public may submit comments here until September 15, 2020.