The U.S. Department of Labor (“DOL”) recently announced a three-year extension of the validity of its current online notices and medical certification forms for use in connection with leaves of absence under the Family and Medical Leave Act (“FMLA”). The following forms, which were originally set to expire on August 31, 2018, are now valid through August 31, 2021:

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

The DOL has not made any substantive changes to these forms.

Employers can access the DOL’s updated FMLA forms at the following link: https://www.dol.gov/whd/forms/.

Takeaway for Employers

Employers should use the DOL’s updated FMLA online notices and medical certification forms in connection with employee leaves of absence pursuant to the FMLA, which can be downloaded via the link above. We encourage you to contact us with questions concerning the DOL’s standard forms, and various other management obligations under the FMLA.