CLIENT UPDATE

Putney, Twombly, Hall & Hirson LLP
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New York, NY 10175
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December 24, 2008

Department Of Labor issues new forms regarding FMLA

We recently advised you as to the extensive changes to the Family and Medical Leave Act (FMLA) that take effect January 16, 2009.The United States Department of Labor (DOL) has issued new forms to be used in connection with the new regulations. The new and revised forms include:

1. WH-380-E: Certification of Health Care Provider for Employee's Serious Health Condition
2. WH-380-F: Certification of Health Care Provider for Family Member's Serious Health Condition
3. WH-381: Notice of Eligibility and Rights & Responsibilities
4. WH-382: Designation Notice
5. WH-384: Certification of Qualifying Exigency For Military Family Leave
6. WH-385: Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave

The DOL has also issued a Revised FMLA Poster that should be posted where notices to employees and applicants for employment are customarily posted.The DOL now requires that employee handbooks must, at a minimum, contain all of the information in the revised FMLA Poster.The DOL's website has not been sufficiently updated and the old forms are still posted.To access the new forms, as well as all of the other changes to the law, go to http://www.dol.gov/esa/whd/fmla/finalrule.htm.

If you should need guidance in accessing or using the new forms or if you should have questions regarding the new regulations, please do not hesitate to contact us.