New FMLA forms now available

The Department of Labor has finally issued revised FMLA forms. There are no changes to the forms except for the expiration date which is now August 31, 2021. The forms 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 Servicemember -- for Military Family Leave (PDF)
• WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

Note that for employers in Wisconsin, the federal forms may be customized to reflect Wisconsin-specific leave entitlements and eligibility requirements. Beware, however, that employers can be held liable for using a form that harms the employee by misleading him or her about FMLA rights. We recommend consulting with employment counsel when customizing FMLA forms.