Employment, Benefits & Labor

Action Item: The Department of Labor’s release of new model Family and Medical Leave Act notice and certification forms serves as an important reminder that all covered employers should periodically review their FMLA documentation and practices to ensure legal compliance.

The U.S. Department of Labor (“DOL”) recently issued new model Family and Medical Leave Act (“FMLA”) notice and certification forms to replace DOL’s prior forms, which had expired on February 28, 2015.  The new model forms, which are valid through May 31, 2018, are available at the following links on DOL’s website:

• 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 for Serious Injury or Illness of a Covered Servicemember – for Military Family Leave (WH-385)
• Certification for Serious Injury of Illness of a Veteran for Military Caregiver Leave (WH-385-V)
• Notice of Eligibility and Rights & Responsibilities (WH-381)
• Designation Notice (WH-382)
• Certification of Qualifying Exigency for Military Family Leave (WH-384)

While the new FMLA forms generally mirror DOL’s prior forms, a number of the certification forms include minor wording changes that reference the confidentiality and non-disclosure requirements of the Genetic Information Nondiscrimination Act.

As a reminder, employers are not required to use DOL’s model forms for FMLA leave.  However, these new forms provide a useful template and serve as a valuable reminder that employers covered by the FMLA should periodically review their FMLA documentation and practices to ensure consistency with DOL’s guidance and new legal requirements.