Worried about using expired FMLA forms?

The Family and Medical Leave Act (FMLA) forms created by the U.S. Department of Labor (DOL) to inform employees of their rights and to certify an employee’s need for the leave expired on May 31, 2018. Since the Office of Management and Budget has not approved new forms, the DOL has been renewing the expired forms on a month-to-month basis. And so, the current forms remain in effect at least through July 31, 2018. The DOL did not propose any changes to its forms so it is unlikely the new forms will be substantially different from the present ones. Employers are encouraged to use the DOL-recommended forms. While many do, others customize the language in the forms, reordering or simplifying the terminology or presenting it in a modified form. Some employers simply cut and paste the DOL’s information on their own form. 

The current DOL forms are:

• 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 Current 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).

If you would like more information or a review of your forms, contact one of Chuhak & Tecson’s Employment Law attorneys. 

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Client alert authored by: Jeralyn H. Baran, Principal