HR Alert: Department of Labor Announces New FMLA Forms

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The United States Department of Labor (DOL) has released new forms for employers and employees to use when an employee requests Family and Medical Leave (FMLA). They’re free to access on the DOL’s website. The new forms are meant to be easier for everyone involved to understand, convey, and collect the necessary FMLA information than previous forms.

Notice Forms. The DOL provided a General Notice poster for employers to share with employees. Form WH-381 combines the Eligibility Notice and the Rights and Responsibilities Notice. Putting them together helps employers inform their employees about FMLA eligibility and their expectations and obligations. Form WH-382 works as the Designation Notice to inform the employee whether their request was approved and for how long.

Certification Forms. There are five FMLA certification forms, two of which can be used for the serious health condition of the employee or their family member. Then there are three separate forms that can be used for Military Family Leave. This leave is for when an employee’s family member is being deployed or is a current service member or covered veteran with a serious injury or illness.

If you prefer the old forms, though, you still can use them. If an employee comes to you with a different form with all the necessary information, then you must accept that as well. While using these new forms isn’t necessary, they’re an easy way to ensure you’re in compliance with FMLA regulations.

Finally, the DOL is seeking input from employers about changes to the FMLA regulations. This is an opportunity for you to provide feedback and ideas about any areas of confusion in the FMLA. The DOL is accepting comments through September 15, 2020.

If you’re an employer looking for assistance with understanding the FMLA or if you have questions about your legal obligations, contact us. Our team is here to guide you.


Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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