Labor & Employment Law — 12/25/08

DOL updates FMLA poster, forms to reflect recently published final rule

The Department of Labor's (DOL) has published a revised Family and Medical Leave Act (FMLA) poster that reflects its recently published final rule, which implements the new military family leave entitlements enacted under the National Defense Authorization Act for Fiscal Year 2008 as well as the much anticipated revisions to the FMLA itself. The final rule takes effect January 16, 2009. Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the FMLA's provisions. The revised FMLA poster can be found at: http://www.dol.gov/esa/whd/fmla/finalrule/FMLAPoster.pdf.

The DOL has also provided new and revised optional forms for use by employers and employees during the FMLA process. As part of its regulatory revision, the DOL revised its Certification of Health Care Provider form (WH-380) and divided it into two separate forms for an Employee's Serious Health Condition (WH-380E) and a Family Member's Serious Health Condition (WH-380F). The DOL also revised its Notice of Eligibility and Rights and Responsibilities form (WH-381). In addition, the DOL has added new forms for Designation Notice to Employee of FMLA Leave (WH-382), Certification of Qualifying Exigency for Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385). All the forms expire December 31, 2011.

The forms can be found as follows:

FMLA Certification of Health Care Provider for Employee's Serious Health Condition (WH-380E): http://www.dol.gov/esa/whd/forms/WH-380-E.pdf;
FMLA Certification of Health Care Provider for Family Member's Serious Health Condition (WH-380F): http://www.dol.gov/esa/whd/forms/WH-380-F.pdf;
FMLA Notice of Eligibility and Rights and Responsibilities (WH-381): http://www.dol.gov/esa/whd/fmla/finalrule/WH381.pdf;
FMLA Designation Notice (WH-382): http://www.dol.gov/esa/whd/forms/WH-382.pdf;
Certification of Qualifying Exigency For Military Family Leave (WH-384): http://www.dol.gov/esa/whd/forms/WH-384.pdf; and
Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385): http://www.dol.gov/esa/whd/forms/WH-385.pdf.

The DOL has also issued two fact sheets on the FMLA regulations, both with a January 2009 revision date, detailing both the FMLA's non-military and military family leave entitlements. The fact sheets can be found at http://www.dol.gov/esa/whd/regs/compliance/whdfs28.pdf and http://www.dol.gov/esa/whd/regs/compliance/whdfs28a.pdf respectively. Additional compliance assistance materials are also available on our FMLA final rule website at http://www.dol.gov/esa/whd/fmla/finalrule.htm.

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