The U.S. Department of Labor (“DOL”) has released new and significantly revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”). The new forms are now currently in effect and can be found on the DOL’s website. We have added the forms below for your convenience. The DOL states that these new forms seek to “streamline” the prior forms by making them “simpler and easier for employees, employers, leave administrators and healthcare providers to understand and use.”

The revisions appear to be predominantly in Part A & Part B of the health certification form.  Please begin using these new forms immediately. The forms expire 6/30/2023.

The DOL webpage also features a Q&A section regarding the new forms.

In addition to the new forms, the DOL is accepting formal comments, which solicits feedback on changes employers and employees would like to see in the FMLA regulations “to better effectuate the rights and obligations under the FMLA.” The Request for Information asks for comment on a variety of topics, but emphasizes that feedback on unrelated FMLA issues is welcome. The comment period is only in effect until September 15, 2020.

Notices that have been revised:

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 of 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 Covered Servicemember—for Military Family Leave

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