Department of Labor Releases New Family Medical Leave Act FMLA Forms

June 5, 2015

The U.S. Department of Labor has posted the new model Family Medical Leave Act notices and medical certification forms. One notable change is the reference to the Genetic Information Nondiscrimination Act (GINA) that states the following instruction: “Do not provide information about genetic tests, as defined in 29 C.F.R. § 1635.3(f), genetic services, as defined in 29 C.F.R. § 1635.3(e), or the manifestation of disease or disorder in the employee’s family members, 29 C.F.R. § 1635.3(b).” For your convenience, the new notices and medical certification forms are available at the following links:

• 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

This Information is provided as a courtesy – not as legal advice. Please know that we are writing you and raising the above issues as a courtesy and for informational purposes only. It is not intended as a substitute for legal advice concerning a particular situation that may be affecting your business.