New FMLA forms released — what you need to know now

For the first time since 2012, the DOL has rolled out brand new FMLA forms. Here’s what’s new, what isn’t and how long can you expect to use these versions of the forms.  

Following the DOL’s announcement, FMLA Insights Jeff Nowak analyzed the new forms with a fine-toothed comb and discovered not much has changed.

The most notable difference in the updated forms: a new GINA reference. In the instructions to the healthcare provider, which is located on the certification for an employee’s serious health condition, the feds have added the following language:

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).

The concept of adding GINA disclaimers isn’t in and of itself new. Employment attorneys like Nowak have been urging employers to take this extra step for some time to protect themselves from inadvertent GINA violations. However, the addition of specific language to this FMLA form is new.

Until 2018

The new FMLA forms will be good until the spring of 2018. The DOL is required to submit its FMLA forms every three years to the Office of Management and Budget (OMB) for approval, so that OMB can review the DOL’s information requests and the time employers spend responding to the requests. OMB approved the DOL’s previous FMLA forms in early 2012 for the maximum period of three years.

Here are new FMLA 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 Current Servicemember — for Military Family Leave (pdf)
• WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (pdf)