DOL Releases Updated FMLA Forms

Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers to do), you should still use the updated forms going forward. (Look for the "Expires: 8/31/2021" note near the top right corner of the documents to be sure you have the most current version.) The DOL's forms are available here:

• Certification of Health Care Provider for Employee’s Serious Health Condition (Form WH-380-E)
• Certification of Health Care Provider for Family Member’s Serious Health Condition (Form WH-380-F)
• Notice of Eligibility and Rights & Responsibilities (Form WH-381)
• Designation Notice (Form WH-382)
• Certification of Qualifying Exigency For Military Family Leave (Form WH-384)
• Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (Form WH-385)
• Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (Form WH-385-V)

The FMLA can be a complicated law to navigate. For that reason, take this opportunity to review the forms for a primer / refresher on the FMLA process, the notice requirements, and the rights and responsibilities of both employers and employees. If you do business in a state that has its own state-law counterpart to the FMLA (sometimes called a "mini FMLA"), be sure you're meeting the requirements of both state and federal laws. If you have questions about the FMLA, please contact a member of the BrownWinick Employment Practice Group.