If you are one of the many employers that uses the FMLA forms issued by the Department of Labor, be aware that the Department has issued new forms. You should begin using the new forms effective immediately. Here are links to all of the new forms:
- 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
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
Substantively, the new forms are very similar to the old forms. The main change is that the new forms contain language regarding genetic information in order to comply with the Genetic Information Nondiscrimination Act (“GINA”).