Current FMLA Forms Now Expire June 30

June 11, 2018

The Family and Medical Leave Act (FMLA) forms expire June 30, but aren't likely to change when they're replaced with new forms. The FMLA forms are used to certify that an employee is eligible to take FMLA leave and to notify him or her of leave rights under the law. The forms expire under the Paperwork Reduction Act of 1995, which requires the Department of Labor (DOL) to submit its forms at least every three years to the Office of Management and Budget (OMB) for approval. The DOL is renewing the current FMLA forms on a month-to-month basis until it replaces them with new forms. But the new forms may be virtually identical to the current ones and have a different expiration date.

In 2015, the DOL made a few minor tweaks to the FMLA forms so they would conform with the Genetic Information Nondiscrimination Act. This cycle, the DOL did not request any changes to the forms. There have not been substantive changes to FMLA or its regulations in the past three years that would require changing any of the information provided or sought on the current forms,

The current DOL forms are:

  • Certification of Health Care Provider for Employee's Serious Health Condition (Form WH-380-E).
  • Certification of Health Care Provider for Family Member's Serious Health Condition (Form WH-380-F).
  • Notice of Eligibility and Rights & Responsibilities (Form WH-381).
  • Designation Notice (Form WH-382).
  • Certification of Qualifying Exigency for Military Family Leave (Form WH-384).
  • Certification for Serious Injury or Illness of Current Servicemember—for Military Family Leave (Form WH-385).
  • Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (Form WH-385-V).