Q: The Department of Labor (DOL), recently released new forms for Family Medical Leave Act (FMLA). Has anything changed on the forms and am I required to use them?

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A: The changes made to the forms were formatting. The DOL has stated the forms are simpler and easier for employees , employers, leave administrators and health care professionals and may be completed electronically.  The information being collected on the form has not changed. Therefore, you are not required to use the new forms.  See Frequently Asked Questions #1 about the FMLA Forms.

Q: Can we make changes to the FMLA Forms?
You may make changes to the forms, however, you cannot request any information beyond what is specified in the FML Regulations .

Q: Can we use these forms for leave under Families First Coronavirus Response Act (FFCRA)?
A:  No. The FFCRA has different documentation requirements. To understand these requirements you will want to visit the FAQ for Families First Coronavirus Response Act .
Employers are encouraged to review the FMLA Forms Resource Center for complete descriptions of the forms and review the FAQs.

Employer Resources:FMLA Forms Resource Center including FAQ
The Employer’s Guide to Family Medical Leave Act
FMLA Poster
Notice of Eligibility, Rights and Responsibilities Form WH-381
Designation Notice Form 382Certification Form – Employee’s Serious Health Condition Form WH-380-E
Certification Form – Family Member’s Serious Health Condition FormWH-380-F
Qualifying Exigency Form WH-384
Certification for Military Caregiver Leave of a Current Servicemember Form WH-385
Military Caregiver Leave of a Veteran Form WH-385-V

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