Current FMLA Forms Expire June 30, 2018

You may have noticed that the federal Department of Labor (DOL) forms used to manage leave under the Family and Medical Leave Act (FMLA) expired on May 31, 2018. If you looked for updated forms before they expired, you would not have found any.

Here is why: The federal DOL has to submit forms to the Office of Management and Budget (OMB) for review every three years. In April, the DOL submitted its FMLA forms to the OMB and requested a three-year extension of the current forms. For the form renewal, the DOL did not request any changes to the existing forms.

The OMB must review and approve the DOL’s request before the expiration date is extended for three years. This didn’t happen before May 31. Therefore, the DOL updated the current FMLA forms with a June 30, 2018 expiration date. The expiration dates will continue to be extended every 30 days until the OMB approves the three-year extension.

We will continue to monitor the status of the FMLA forms.

Author:  Rebecca L. Gombos, Esq.

Forms with the June 30, 2018, expiration date are available here:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)

WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)

WH-382 Designation Notice (PDF)

WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Current Service member — for Military Family Leave (PDF)

WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)