The U.S. Department of Labor’s (DOL) new model forms for Family and Medical Leave Act (FMLA) administration are now available, but don’t expect any substantive change. Only the expiration date has changed.
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The new forms, available on the DOL website, are identical to the old forms except they now carry an August 31, 2021, expiration date.
The Paperwork Reduction Act of 1995 requires that model forms be reviewed and reapproved every three years. That process includes submitting new forms to the Office of Management and Budget for review. The review wasn’t complete before the old expiration date was reached, so the DOL has been issuing one-month expiration extensions over the summer.
Now the review is complete, and month-to-month extensions are no longer necessary since the new forms won’t expire for another three years.
The affected forms are 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-381 Notice of Eligibility and Rights & Responsibilities, WH-382 Designation Notice, WH-384 Certification of Qualifying Exigency for Military Family Leave, WH-385 Certification for Serious Injury or Illness of Covered Servicemember–for Military Family Leave; and WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.
Tammy Binford writes and edits news alerts and newsletter articles on labor and employment law topics for BLR web and print publications.