The US Department of Labor (DOL) publishes optional (but perfectly compliant) forms – alongside guidance, fact sheets, and other helpful information – that employers may use in their administration of the Family Medical Leave Act (FMLA).
These forms currently include:
- 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 of 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; and
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.
So what’s going on?
On August 5, 2019, the DOL published a notice soliciting public comments for a 60-day period on proposed changes to these forms. To increase compliance and facilitate ease of use, the DOL notes the following changes regarding the proposed form alterations:
- “Fewer questions requiring written responses; replaced by statements that can be verified by simply checking a box
- Reorganization of medical certification forms to more quickly determine if a medical condition is a serious health condition as defined by the FMLA
- Clarifications to reduce the demand on health care providers for follow-up information
- More information on the notification forms to better communicate specific information about leave conditions to employees
- Changes to the qualifying exigency certification form to provide clarity to employees about what information is required
- Changes to the military caregiver leave forms to improve consistency and ease of use
- Layout and style changes to reduce blank space and improve readability.”
Want to voice your opinion?
See https://www.dol.gov/whd/fmla/forms2019.htm for details and to view the DOL’s proposed revisions to each of the forms. All members of the public are eligible to comment, but comments must be submitted by October 4, 2019.
In the meantime, the FMLA forms noted at the top of this article are still good to use, and the Firm will update clients of relevant changes. If you have questions about FMLA compliance, please contact Soule Employment Law Firm at 984-242-0771.