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March 6, 2013

U.S. Department of Labor Releases New FMLA Poster and Forms

The U.S. Department of Labor (“DOL”) has made available new Family Medical Leave Act (“FMLA”) forms as well as a new poster, which covered employers must begin using on March 8, 2013. Generally, any private sector employer with 50 or more employees within a 75-mile radius of the worksite is covered by the FMLA.

Updated Forms

The updated forms contain new information relating to military caregiver leave to care for a veteran with serious illness or injury, and reflect other changes pursuant to the new FMLA Rules relating to military caregiver leave issued by the DOL on February 6, 2013.  Employers who choose to use the DOL forms may customize the forms for their own use, but the customized forms must comply with the FMLA regulations. The following forms have been updated:

  1. WH-381 Notice of Eligibility and Rights & Responsibilities;
  2. WH-382 Designation Notice;
  3. WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition;
  4. WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition;
  5. WH-384 Certification of Qualifying Exigency for Military Leave;
  6. WH-385 Certification for Serious Injury or Illness of a Current Service member – for Military Family Leave; and
  7. WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.

Updated Poster

FMLA-covered employers must display the new poster in a conspicuous location where employees and applicants for employment can see it, and at all of the employer’s locations, regardless of whether there are FMLA-eligible employees at a given location. Employers may also satisfy the posting requirement by posting the notice electronically, as long as such posting otherwise meets the requirements of the FMLA regulations. The new poster summarizes the following major provisions of the FMLA:

  1. Basic Leave Entitlement;
  2. Military Family Leave Entitlements;
  3. Benefits and Protections;
  4. Eligibility Requirements;
  5. Definition of a Serious Health Condition;
  6. Use of Leave;
  7. Substitution of Paid Leave for Unpaid Leave;
  8. Employee Responsibilities;
  9. Employer Responsibilities;
  10. Unlawful Acts by Employers; and
  11. Enforcement.

Availability of Forms and Poster

The new forms and the new poster can be found on the Department of Labor’s website:

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Employers should be mindful of the fact that state law may allow for greater leave entitlement than FMLA, and may require employers to provide other forms. If you have any questions regarding the new poster and forms, or other FMLA compliance issues, please do not hesitate to contact us.