Introduction to FMLA Forms
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. The law requires employers to provide employees with certain notices and forms to ensure compliance with the FMLA. In this article, we will discuss the five main FMLA forms that employers and employees need to be familiar with.
FMLA Form 1: WH-381 - Notice of Eligibility and Rights & Responsibilities
The WH-381 form is used to notify employees of their eligibility for FMLA leave and their rights and responsibilities under the law. Employers must provide this form to employees within five business days of receiving a request for FMLA leave. The form includes information on the employee’s eligibility, the amount of leave available, and the employee’s rights and responsibilities, such as providing medical certification and paying premiums for health insurance.
FMLA Form 2: WH-382 - Designation Notice
The WH-382 form is used to designate an employee’s leave as FMLA-qualifying and to notify the employee of the amount of leave that will be counted against their 12-week entitlement. Employers must provide this form to employees within five business days of receiving sufficient information to determine whether the leave is FMLA-qualifying. The form includes information on the start and end dates of the leave, the amount of leave available, and the employee’s rights and responsibilities.
FMLA Form 3: WH-380-E - Certification of Health Care Provider for Employee’s Serious Health Condition
The WH-380-E form is used to certify an employee’s serious health condition for FMLA leave. Employees must provide this form to their employers to support their request for FMLA leave due to their own serious health condition. The form includes information on the employee’s medical condition, the treatment plan, and the amount of leave required.
FMLA Form 4: WH-380-F - Certification of Health Care Provider for Family Member’s Serious Health Condition
The WH-380-F form is used to certify a family member’s serious health condition for FMLA leave. Employees must provide this form to their employers to support their request for FMLA leave to care for a family member with a serious health condition. The form includes information on the family member’s medical condition, the treatment plan, and the amount of leave required.
FMLA Form 5: WH-384 - Certification of Qualifying Exigency for Military Family Leave
The WH-384 form is used to certify a qualifying exigency for military family leave under the FMLA. Employees must provide this form to their employers to support their request for FMLA leave due to a qualifying exigency related to a family member’s military service. The form includes information on the qualifying exigency, the family member’s military service, and the amount of leave required.
📝 Note: Employers must ensure that they provide the correct forms to employees and that employees complete the forms accurately and completely to avoid delays or denials of FMLA leave.
| Form Number | Form Name | Description |
|---|---|---|
| WH-381 | Notice of Eligibility and Rights & Responsibilities | Notifies employees of their eligibility for FMLA leave and their rights and responsibilities |
| WH-382 | Designation Notice | Designates an employee's leave as FMLA-qualifying and notifies the employee of the amount of leave available |
| WH-380-E | Certification of Health Care Provider for Employee's Serious Health Condition | Certifies an employee's serious health condition for FMLA leave |
| WH-380-F | Certification of Health Care Provider for Family Member's Serious Health Condition | Certifies a family member's serious health condition for FMLA leave |
| WH-384 | Certification of Qualifying Exigency for Military Family Leave | Certifies a qualifying exigency for military family leave under the FMLA |
In summary, the five main FMLA forms are essential for employers and employees to understand and comply with the law. Employers must provide the correct forms to employees, and employees must complete the forms accurately and completely to avoid delays or denials of FMLA leave. By following the requirements and procedures outlined in these forms, employers and employees can ensure that they are in compliance with the FMLA and that employees receive the leave they are entitled to.
What is the purpose of the WH-381 form?
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The WH-381 form is used to notify employees of their eligibility for FMLA leave and their rights and responsibilities under the law.
What is the difference between the WH-380-E and WH-380-F forms?
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The WH-380-E form is used to certify an employee’s serious health condition, while the WH-380-F form is used to certify a family member’s serious health condition.
Can an employer deny an employee’s request for FMLA leave if the employee fails to provide the required forms?
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Yes, an employer can deny an employee’s request for FMLA leave if the employee fails to provide the required forms, but the employer must first provide the employee with notice of the missing information and an opportunity to cure the deficiency.
