5 FMLA Forms

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. To administer FMLA leave, employers and employees must complete various forms to certify the need for leave, provide notice, and ensure compliance with the law. In this article, we will discuss the five key FMLA forms, their purposes, and how to use them.

1. 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. This form must be completed by the employee’s healthcare provider and provides the employer with information about the employee’s condition, including the diagnosis, treatment, and expected duration of the condition. The form also asks about the employee’s ability to perform their job duties and any necessary accommodations.

2. WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition

The WH-380-F form is similar to the WH-380-E form but is used to certify a family member’s serious health condition. This form is completed by the family member’s healthcare provider and provides the employer with information about the family member’s condition and the employee’s need to care for them.

3. 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. This form must be provided to employees within five business days of their request for leave and includes information about the employee’s leave entitlement, the amount of leave available, and the employee’s obligations during leave.

4. 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 available. This form must be provided to employees within five business days of receiving the necessary certification and includes information about the employee’s leave entitlement, the amount of leave available, and the employee’s obligations during leave.

5. WH-384 Certification of Qualifying Exigency for Military Family Leave

The WH-384 form is used to certify an employee’s need for leave due to a qualifying exigency related to a family member’s military service. This form is completed by the employee and provides the employer with information about the exigency, including the type of exigency, the dates of leave, and the employee’s need for leave.

💡 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 disputes in the FMLA leave process.

Best Practices for Using FMLA Forms

To ensure compliance with the FMLA, employers should follow these best practices when using FMLA forms: * Provide the correct forms to employees in a timely manner * Ensure that employees complete the forms accurately and completely * Review the forms carefully to determine eligibility for FMLA leave * Maintain accurate records of FMLA leave, including the forms and any supporting documentation * Train HR staff and managers on the use of FMLA forms and the administration of FMLA leave

Form	Purpose
WH-380-E	Certify employee's serious health condition
WH-380-F	Certify family member's serious health condition
WH-381	Notify employee of eligibility and rights & responsibilities
WH-382	Designate leave as FMLA-qualifying
WH-384	Certify qualifying exigency for military family leave

In summary, the five key FMLA forms are essential for administering FMLA leave and ensuring compliance with the law. Employers must provide the correct forms to employees, review the forms carefully, and maintain accurate records of FMLA leave. By following best practices and using the correct forms, employers can ensure a smooth and compliant FMLA leave process.