FMLA Forms Out of Date?

Not anymore!

After several short-term extensions of the expiration date noted on the U.S. Department of Labor recommended FMLA forms left many employers feeling uneasy about using expired documents, the government has come through and designated only slightly revised forms with a May 31, 2018, expiration date.

The links to the sample forms posted on the U.S. DOL website are still good, and now connect to the updated forms:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)

WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)

WH-382 Designation Notice (PDF)

WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember: for Military Family Leave (PDF)

WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

The only revision besides the 5/31/2018 expiration date is a reference to GINA (Genetic Information Nondiscrimination Act of 2008) on the FMLA Health Care Provider Certification Forms for documenting an employee or family member’s serious health condition, or a servicemember or veteran’s serious injury or illness.

The added text on the FMLA forms is a cautionary statement advising a health care provider not to provide information about genetic tests, genetic services, or the manifestation of disease or disorder in the employee’s family members.

GINA restricts employers from seeking genetic information from employees or their family members and prohibits relying on it for making employment decisions. GINA also contains an exception to the above disclosure limitation where the genetic information is disclosed by the healthcare provider to the employer as part of the documentation in support an FMLA request, as long as the new text is included as part of the FMLA Certification form, and the genetic information is maintained by the employer as a confidential medical record.