New FMLA Forms Available for Employers

(May 28, 2015) Earlier this year, many of the forms that employers use in the daily administration of FMLA leave became defunct because the effective date on the forms expired without the U.S. Department of Labor issuing a replacement form. Well, we’re pleased to report that it’s now time to discard those old forms. The Department of Labor has finally issued new forms, which are effective through May 31, 2018. Specifically, the Department of Labor issued revised versions of the following forms:

Form WH-308-E: Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act)

Form WH-380-F: Certification of Health Care Provider for Family Member’s Serious Health Condition (Family and Medical Leave Act)

Form WH-385: Certification for Serious Injury or Illness of a Current Servicemember – for Military Family Leave (Family and Medical Leave Act)

Form WH-385-V: Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (Family and Medical Leave Act)

Form WH-381: Notice of Eligibility and Rights & Responsibilities (Family and Medical Leave Act)

Form WH-382: Designation Notice (Family and Medical Leave Act)

While the forms are generally no different than what employers have been using, there is one change of significance. The various medical certification forms now contain an additional statement directed to the health care provider that he or she should not disclose genetic information as defined in and prohibited by the Genetic Information Nondiscrimination Act of 2008 (“GINA”). If you have questions regarding the new forms, please contact a member of the Rhoades McKee Human Resource and Employment Law Team.