Sign up for education sessions to better understand new changes to FMLA.
This Powerpoint presentation will explain the new changes to the Family Medical Leave Act.
New Family and Medical Leave Act Forms
Under the new Family and Medical Leave Act regulations that take effect on January 16, 2009, you could be required to use six different types of notices - and
forms: general, eligibility, rights and responsibilities, and designation, plus two medical forms.
TRANSITION LETTER
The Transition Letter is used to inform employees who are already on FMLA the changes that have taken effect as of January 16, 2009. The
FMLA Poster should be attached to the letter to provide employees with information regarding the changes to FMLA.
NOTE: OLD FORMS
Although the Leave of Absence Request Form and the Payroll Leave of Absence Form are not new,
please remember they are vital documents to initiate and conclude the FMLA process in addition to the new FMLA forms.
GENERAL NOTICE
Form WH-1420, the "general notice" poster, combines previous FMLA poster and policy requirements. Post this form
— along with the FMLA Poster — along with other employment law information.
NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES
Form WH-381 Notice of Eligibility and Rights & Responsibilities (Part A of Form WH-381) informs employees if they're eligible for FMLA leave. Under most circumstances, you must provide the notice to an employee within five business days after the employee's first request for leave during a given leave year. The form also provides a space for employers to advise ineligible employees on why they don't qualify for FMLA leave.
If an employee is eligible to take FMLA leave, you must simultaneously provide the employee with a "rights and responsibilities notice" (Part B of Form WH-381). This form provides an employee with additional information concerning obligations for leave to qualify under the FMLA. For example, the form indicates whether a certification is required as well as the method of payment while the employee is on leave.
CERTIFICATION OF HEALTH CARE PROVIDER FOR EMPLOYEE'S SERIOUS HEALTH
Form WH-380-E - Certification of Health Care Provider for Employee's Serious Health Condition is used for an employee's own serious health condition.
Form WH-380-F - Certification of Health Care Provider for Family Member's Serious Health Condition is used for the serious health condition of a qualifying family member.
Form WH-385 - Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave is used to allow eligible employees to take up to 26 weeks of job-protected "military caregiver leave" during a single 12 month period.
Form WH-384 - Certification of Qualifying Exigency for Military Family Leave is used to allow eligible employees to take up to 12 weeks of job-protected leave for a "qualifying exigency" arising from the employee's spouse, child, or parent who is in the National Guard or Reserves being notified of an impending federal call or order to active duty in the armed forces in support of a contingency operation.
DESIGNATION NOTICE
The Designation Notice (Form WH-382) is used to advise an employee as to whether his or her request for
FMLA leave has been granted. Generally, you should provide such notice to an employee within five business days after the employer acquires sufficient information
to determine whether the leave qualifies. At this stage, you must also notify the employee if a fitness-for-duty certification will be required prior to returning to work.
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