Are You Using the Updated FMLA Forms?

Over the Memorial Day holiday weekend, the DOL published updated FMLA forms. They were a little overdue as the prior FMLA forms available on the Department of Labor’s website expired on February 28, 2015. In any event, the updated forms, which are good through 2018, include the following:

(All links are PDFs)

Notice of Eligibility and Rights & Responsibilities (WH-381)

Designation Notice (WH-382)

Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E)

Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F)

Certification of Qualifying Exigency For Military Family Leave (WH-384)

Certification for Serious Injury or Illness of Current Servicemember — for Military Family Leave (WH-385)

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

The new forms are not significantly different from the prior versions, but one substantive difference in the medical certification forms is that they have been updated to clarify that health care providers should not provide information about genetics or genetic services to the employer. Employers should begin using the new forms immediately.