Changes to FMLA Forms?

The U.S. Department of Labor is considering changing its template Family and Medical Leave Act (FMLA) forms. While the DOL forms are not required, many employees use the template forms as a basis for requesting medical documentation and administering FMLA requests.

The DOL issued a notice requesting comments from the public on proposed revisions to the forms.

The DOL said its goal in revising the forms is to increase compliance with the FMLA, improve customer service, and reduce user burden by making the forms easier to understand and use. The changes include

  • Fewer required written responses and more check boxes;
  • Reorganization of the medical certification forms for an easier determination of a medical condition.
  • More communication of leave conditions for employees
  • Layout and style changes.

The proposed revisions to the forms can be found here:

  • 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
  • WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

The new forms should not be used until feedback is incorporated and the DOL finalizes the changes.

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