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U.S. DOL Updates Model FMLA Forms for Employers

Published by on September 11, 2018

The Department of Labor extended the expiration dates of the agency’s model FMLA notices and certification forms until August 31, 2021.

The U.S. Department of Labor (DOL) provides model FMLA forms and notices on their website for employers. Every three years, these documents must be reviewed and approved by the Office of Management and Budget (OMB). The previous forms expired on May 31, 2018, but the DOL extended their validity on a monthly basis while the agency awaited approval from the OMB.

Over Labor Day weekend, the DOL extended the expiration dates of the online notices and medical certification forms for an additional three years, effective until August 31, 2021. The DOL did not make any substantive changes to the model FMLA forms except for the extension of expiration dates.

The DOL’s model FMLA forms are available below:

WH-381 Notice of Eligibility and Rights & Responsibilities

WH-382 Designation Notice

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-384 Certification of Qualifying Exigency for Military Family Leave

WH-385 Certification for Serious Injury or Illness of Current Servicemember – for Military Family Leave

WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

Welter Insight

Although the DOL did not make any substantive changes to the model FMLA forms, employers should use the updated forms. Employers are not required to use the DOL’s forms, but the model forms include all of the information required by the FMLA and ensure employer compliance.

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