Last week, the U.S. Department of Labor ("DOL") published Family and Medical Leave Act ("FMLA") notification and certification forms that are effective through February 28, 2015. These forms replace the FMLA forms that had expired on December 31, 2011. Employers may use either the forms prepared by the DOL or their own forms, as long as the forms used contain all information required by the FMLA. The DOL's FMLA forms may be accessed at the following links:
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 and 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)
Although no changes have been made to these forms (except the effective date), we anticipate that the DOL will publish new forms once the agency finalizes its proposed regulations ("Proposed Regulations"), which were published on February 15, 2012. The DOL has invited the public to submit written comments on the Proposed Regulations through April 16, 2012.
Please see full advisory below for more information.
Please see full publication below for more information.
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