Employer Law Report

Tag Archives: FMLA forms

DOL has issued new FMLA forms

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:

DOL Publishes its Proposed Rules on Military Family Leave and Flight Crews; FMLA Forms No Longer “Expired”

Proposed Regulations:
Yesterday, the Department of Labor published its proposed regulations (pdf) to address the recently enacted changes to military leave and eligibility requirements for flight crew members. Beyond the changes detailed below, the DOL clarified that employers are not required to provide employees with FMLA-protected military caregiver leave for the "serious injury or illness of a veteran" until final rules defining that term are issued. However, employers are required to comply with the expansion of qualifying exigency leave for foreign deployment of a family member in the regular Armed Services, in addition to the leave already available for family members …

USDOL FMLA Forms Have “Expired”

We have been receiving questions lately from clients and friends regarding the continued validity of the Department of Labor’s FMLA forms that we posted here. The Department has requested approval for the renewal of these forms from the federal Office of Management and Budget. In the meantime, employers may continue to use these forms. In order to comply with the Genetic Information NonDiscrimination Act ("GINA"), however, employers should also send a note to the healthcare provider that includes the following safe harbor language recommended by the EEOC:

"The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other …

UPDATE: Suggested Use of New FMLA Forms

As reported previously, the new Family and Medical Leave Act regulations took effect on January 16, 2009. The new regulations included reference to new required notices to employees and a new required workplace poster. The Department of Labor (“DOL”) included as appendices to the regulations suggested prototype notices, new suggested medical certification forms, and the text for the new poster. (See earlier blog post.)

Not surprisingly, employers are already experiencing some confusion about how to use these new notices. The following is a brief “step-by-step” approach.

New and Revised FMLA Forms from DOL

With the FMLA Final Regulations going into effect on Friday, January 16, 2009, we thought it would be a good idea to provide our readers with a single easy place to locate all of the new and revised forms provided by the Department of Labor.

New and Revised Forms:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

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