Department of Labor Issues New F.M.L.A. Forms.

The United States Department of Labor (DOL) has issued updates to Family and Medical Leave Act (FMLA) forms. The new forms have an expiration date of May 31, 2018.

The revisions to the forms are relatively minor but add information relating to the Genetic Information Nondiscrimination Act (GINA). Employers must keep any medical information confidential under both GINA and the Americans with Disabilities Act (ADA), and health care providers should not provide genetic information during the family and medical leave certification process. Some of the new forms did not contain any revisions to the substance of the old forms, but merely received a new expiration date.

For those employers who are covered by the FMLA (employ 50 or more employees within 75 miles), the forms are not mandatory but are recommended. The new forms can be found on the DOL’s website at the following links:

• 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 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)