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The Employer Handbook Blog
The Department of Labor issued new FMLA forms #NudgeTheInternet
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Here they are:
- 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)
Now, I haven’t run my full dork analytics on these jawns. However, just by eyeballing them, I can see that the Department of Labor has finally acknowledged a little statute called the Genetic Information Non-Discrimination Act. *** slow clap *** While the forms don’t contain the full GINA safe-harbor language, the DOL does remind both employers and health care providers to comply with GINA.
(And, hey, y’all! If you notice any other changes in the new forms, hit me up in the comments below).
You don’t have to use these forms verbatim; that is, you can tweak them — provided that you still comply with the FMLA (e.g., by spelling out the safe harbor). But, if you are inclined to use the DOL’s FMLA forms, ditch the old ones that expired in February, and use these.