New FMLA Forms Published by the DOL

On July 16, 2020, the Department of Labor (DOL) published new versions of the federal Family and Medical Leave Act (FMLA) forms for employers to provide required notices to employees and for employees to provide certification of their need for leave to employers.

The DOL’s revisions were designed to make the forms easier to understand. In addition, the forms are electronically-fillable PDFs and can be saved electronically.

Use of the new forms is optional. Employers may use their own forms, as long as they include the same required information. Employers may also continue to use the old DOL forms.

Employers may need to customize the new DOL medical certification forms to comply with applicable state medical privacy laws. In particular, the following statements on the DOL sample certification forms may need to be modified by employers:

“You may, but are not required to, provide other appropriate medical facts including symptoms, diagnosis, or any regimen of continuing treatment such as the use of specialized equipment. Please note that some state or local laws may not allow disclosure of private medical information about the patient’s serious health condition, such as providing the diagnosis and/or course of treatment.”

“If needed, briefly describe other appropriate medical facts related to the condition(s) for which the employee seeks FMLA leave.”

The new forms are available on the DOL website and links are provided to each form below:

  1. Notice of Eligibility & Rights and Responsibilities (WH-381)
  2. Designation Notice (WH-382)
  3. Certification of Employee’s Serious Health Condition (WH 380E)
  4. Certification of Family Member’s Serious Health Condition (WH-380F)
  5. Certification of Qualifying Exigency (WH-384)
  6. Certification of Military Caregiver Leave of a Current Servicemember (WH-385)
  7. Certification of Military Caregiver Leave of a Veteran (WH-385V)