Department of Labor Issues Updated FMLA Forms and Poster

Mar 11, 2013

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The United States Department of Labor (“DOL”) has updated many of its model FMLA forms and its FMLA poster to reflect its recently issued rules which implement and interpret the FMLA’s military family leave provisions and special leave rules for airline flight crew members. The updated forms are:

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

Employers who use the DOL’s model forms should begin using the new and updated forms beginning March 8, 2013. Employers should also take down the old FMLA poster and replace it with the new FMLA poster by March 8, 2013. The new forms and FMLA poster can be found at the bottom of the page at:

Additional information about the DOL’s recent rulemaking and guidance is set out in our Law Alerts dated February 7 (“DOL Issues New Administrator’s Interpretation of Family and Medical Leave Act to Care for a Disabled Adult Child”) and February 12 (“Department of Labor Final Rule Expands Employees’ Entitlement to Military Leave Under the Family and Medical Leave Act”) which can be found at: Publications

Let us know if you have any questions. 

Rachel E. Lutner, an associate in the firm’s Chicago office, prepared this Law Alert.