Serving Colorado's Counties

Technical Update 45 - FMLA Forms Revised by DOL

September 1, 2020

The Department of Labor (DOL) made changes to the Family and Medical Leave Act (FMLA) forms this summer. Under FMLA, employers with at least 50 employees must provide up to 12 weeks of unpaid leave a year to eligible workers:

  • who have worked for the company for at least a year;
  • worked 1,250 hours the previous year and;
  • work at a location with at least 50 employees within a 75-mile radius,

for a qualifying event such as the birth of a child, to treat an illness, or to care for a sick relative. Eligible employees may take up to 26 weeks of FMLA to care for a relative who is an ill or injured service member.

When an employee requests FMLA, most employers provide them with information about eligibility requirements, rights and responsibilities, and a medical certification form. Medical certification may not be required if the employer has enough information to determine that the leave request qualifies for FMLA.

The DOL provides forms for employers to use to determine if the leave qualifies for FMLA. Employers are not required to use these templates and may create their own; however, many employers rely on DOL forms. All FMLA forms are required to provide employees with the same necessary notice information and require the same basic certification information.

According to the DOL, the revised forms are now “simpler and easier for employees, employers, leave administrators and health care providers to understand and use” and “include more questions that users can answer by checking a response box and
electronic signature features to reduce contact.”

The following forms were impacted:

  • WH-381, the notice of eligibility and rights and responsibilities
  • WH-382, designation notice
  • WH-380-E, medical certification of an employee’s serious health condition
  • WH-380-F, medical certification of a family member’s serious health condition

Some of the forms were completely reorganized. One of the most significant changes is that the forms now include reminders not to return completed forms to the DOL. Apparently, there was some confusion over this matter. FMLA forms, even those provided by the DOL as templates, do not need to be returned to the DOL. They are for internal employer use.

What This Means for Counties

Counties that rely on the DOL forms should use the links above or visit www.dol.gov/general/forms to download the revised versions. Counties who use their versions of the FMLA forms should review them to ensure that they contain the required information for employees. For more information contact, CTSI at (303) 861 0507.

A PDF of this Technical Update is available here.

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