New FMLA Forms? Not Really.

The Paperwork Reduction Act of 1995 requires the DOL to submit its forms at least every three years to the Office of Management and Budget (OMB) for approval.  Since May 31, 2018, the DOL has been extending the expiration date of all seven DOL FMLA forms on a month-by-month basis, because they had not received the OMB approval necessary to publish a new form.  These delays created confusion among the HR Professionals and others who administer the FMLA for their employers or clients.  

Over the Labor Day weekend the DOL finally published its brand-spankin’ new, OMB-approved set of FMLA forms.  Given the delays, one might think there are all kinds of changes.  One would be wrong: the  one change from earlier forms is the expiration date – to  August 31, 2021.  So we don’t have to worry about form changes or having the most recent version of these forms for another three years.

But we do need to use the most recent version of the FMLA forms for any FMLA matters that come up from this date forward.  For your reference, here are links to all the new FMLA notices and forms:

Notices

• WH-381 Notice of Eligibility and Rights & Responsibilities  
• WH-382 Designation Notice  

Certification forms

• 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-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