The U.S. Department of Labor has released updated Family and
Medical Leave Act (FMLA) notices and forms which are approved for
use through May 31, 2018. These forms are available on the
Department of Labor website. The updated forms
include:
· 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
The most noteworthy change to the forms is the addition of a
“safe harbor” provision which prohibits health care providers
from disclosing any genetic information, as defined by the
Genetic Information Nondiscrimination Act of 2008. More
information regarding GINA can be found on the Equal Employment
Opportunity Commission website.
Employers should begin using the new FMLA forms
immediately. While organizations are allowed to create
their own forms according to the FMLA regulations, most choose to
use the Department of Labor forms. Employers who opt to create
their own forms must ensure that they are updated to reflect the
newly issued language.
More information on FMLA can be found in the fact sheet
issued by the Department of Labor.
