In June, the U.S. Department of Labor (DOL) revised the optional Family and Medical Leave Act (FMLA) forms to make them easier to understand for employers, leave administrators, health care providers and employees seeking leave. Most of the changes were non-substantive — they convey and collect the same information — and employers can still continue to use the old forms, eventually planning to update them.
These FMLA forms have two purposes:
- For employers to provide required FMLA notices to employees so both the employee and employer have a shared understanding of the FMLA leave terms.
- For employees to provide certification of their need for leave for a FMLA qualifying reason.
These forms are only used between an employer and employee, and completed forms should never be sent to the DOL.
The new FMLA forms have a revision date of June 2020 and now expire on 6/20/2023. The updated forms include:
- Notice of Eligibility & Rights and Responsibilities Under the FMLA, WH-381.
- Designation Notice Under the FMLA, WH-382.
- Certification of Health Care Provider for Employee’s Serious Health Condition Under the FMLA, WH-380-E.
- Certification of Health Care Provider for Family Member’s Serious Health Condition Under the FMLA, WH-380-F.
- Certification for Military Family Leave for Qualifying Exigency Under the FMLA, WH-384.
- Certification for Serious Injury or Illness of a Current Servicemember for Military Caregiver Leave Under the FMLA, WH-385.
- Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Under the FMLA, WH-385V.
In its FAQs, the DOL says employees don’t have to submit a new certification using the revised form if they’ve already provided the required FMLA information on the old certification form. Also, employees don’t need to use an employer’s certification form — an employer can’t reject a certification that contains all the needed information to determine if a leave qualifies for FMLA.
The DOL also points out that these forms aren’t applicable to the Families First Coronavirus Response Act (FFCRA), which has different documentation requirements. (Remember that CalChamber offers two free forms related to the FFCRA: COVID-19-Related Paid Sick Leave or Family and Medical Leave (FFCRA) — Employee NoticeandCOVID-19-Related Paid Sick Leave or Family and Medical Leave (FFCRA) Documentation Checklist — For Employer Use Only)
CalChamber has adapted these federal FMLA forms for California use. CalChamber members can use the Certification of Health Care Provider – Employee’s or Family Member’s Serious Health Condition, which combines WH-380-E and WH-380-F into one document for use in California, or the FMLA/CFRA Designation Notice. Other California-adapted FMLA forms can be found on HRCalifornia. CalChamber also sells some of its forms, including ones adapted from the FMLA forms.
Note: CalChamber will update its forms next week, utilizing the new FMLA forms’ formatting and language.
Katie Culliton, Editor, CalChamber