The Department of Labor FMLA forms expired on February 28,2015. The DOL has taken it’s time providing us with updated forms and advised anyone using the old forms that they may continue to do so until the updates were provided. To make it simple for all of us they rolled them out quietly over Memorial weekend. These new forms have an expiration date of May 31, 2018.
The Department of Labor does not require that we use their forms. An employer can use their own forms as long as they do not request additional information, beyond what is specified in the regulations.
These new forms do not appear to have any significant changes with the exception of instructions to the physician in the WH-380-E surrounding GINA (Genetic Information Nondiscrimination Act).
“Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. § 1635.3(b).”
For your convenience we have added the new forms below.
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (pdf)
- WH-381 Notice of Eligibility and Rights & Responsibilities (pdf)
- WH-382 Designation Notice (pdf)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (pdf)
- WH-385 Certification for Serious Injury or Illness of Current Servicemember — for Military Family Leave (pdf)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (pdf)