The Department of Labor Signals Possible FMLA Changes

Thursday, July 23, 2020
Michael Bivona
HR technology

The Department of Labor has released a Request for Information regarding the Family and Medical Leave Act (FMLA). The DOL seeks input from both employers and employees regarding possible changes to key areas of the FMLA as well as alterations to how FMLA material is to be presented. The DOL acknowledges that oftentimes employers and employees are unclear about what their rights and responsibilities are when the time comes to use the leave, so the DOL is attempting to alter the language of the FMLA to ease comprehension. This could signal major FMLA changes for the future.You can read the entire Request for Information HERE.

 

In addition, the DOL has updated many of its FMLA forms to assist employers and employees in the FMLA process. While these forms are not required to be used, employers should replace old FMLA forms with these new ones as soon as possible, to both assist all parties in the FMLA process and show good faith compliance with the DOL.

 

- FMLA Notice of Rights and Responsibilities (WH-381)- HERE

 

- FMLA Designation Notice (WH-382)- HERE

 

- Certification Form for Employee Serious Health Condition (WH-380-E)- HERE

 

- Certification Form for Family Member Serious Health Condition (WH-380-F)- HERE

 

- Certification Form for Qualifying Military Exigency (WH-384)- HERE

 

- Certification Form for Serious Injury or Illness for Qualifying Service Member (WH-385)- HERE

 

- Certification Form for Serious Injury or Illness for Military Veteran (WH-385-V)-HERE