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FMLA Form Updates

April 19, 2024

The Department of Labor's (DOL) Wage and Hour Division (WHD) released updated versions of several Family Medical Leave Act (FMLA) forms. The forms have a June 30, 2026, expiration date.

Alert

Introduction 

The Department of Labor's (DOL) Wage and Hour Division (WHD) released updated versions of several Family Medical Leave Act (FMLA) forms with an expiration date of June 30, 2026.

The FMLA applies to employers with 50 or more eligible employees and entitles those employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Updated Forms

The updated forms add checkbox responses and allow for electronic signatures, while also being available in English and Spanish. Additionally, the forms are provided in a PDF format that allows employees to complete and save them electronically. Employers are allowed to use their own forms as long as those forms provide the same information and certification.

  • WH-380-E: FMLA Certification of Health Care Provider for Employee’s Serious Health Condition
  • WH-380-F: FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition
  • WH-381: FMLA Notice of Eligibility and Rights & Responsibilities
  • WH-382: FMLA Designation Notice
  • WH-384: FMLA Certification of Qualifying Exigency For Military Family Leave
  • WH-385: FMLA Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave
  • WH-385V: FMLA Certification for Serious Injury or Illness of a Veteran for Wage and Hour Division Military Caregiver Leave

Next Steps

Employers should review their forms to ensure they’re using the most up-to-date versions. For more information, including FAQs, reference the WHD’s FMLA: Forms page.

Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.

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