DOL Proposing Changes to FMLA Forms

The U.S. Department of Labor (DOL) is suggesting changes to the forms employers commonly use to administer the Family and Medical Leave Act (FMLA). The DOL said its goal is to make the optional forms  easier to understand, but some management attorneys worry doctors will be confused by the revisions.

The department is seeking comment on the proposed revisions through Oct. 4, 2019. It noted that the proposed changes would include:

  • Fewer questions requiring written responses. Instead, the forms would have statements with check boxes.
  • Reorganization of medical certification forms to more quickly determine if an impairment is a serious health condition covered by the FMLA.
  • Clarifications to reduce the demand on health care providers for follow-up information.

The forms the DOL has proposed updating are:

  • WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition.
  • WH-380-F Certification of Health Care Provider for Serious Health Condition of the Family Member.
  • WH-381 Notice of Eligibility and Rights and Responsibilities.
  • WH-382 Designation Notice.
  • WH-384 Certification of Qualifying Exigency for Military Family Leave.
  • WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave.
  • WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.