On July 17, 2020, the US Department of Labor (DOL) released new forms for use under the Family and Medical Leave Act (FMLA). With a new two-step process, the DOL opines that the process will be easier and will ensure the capture of all necessary information. Electronic signatures are also part of the process to help reduce human contact. The attached forms are:

1. Notice of Eligibility & Rights and Responsibilities (Form WH-381). This form (step one of the process) notifies employees as to the eligibility requirements for FMLA leave and sets forth the employer’s obligations. It is to be issued when an employee requests FMLA leave or when the employer acquires sufficient knowledge that the leave may be FMLA-qualifying. Notice can be oral or in writing, but it is always best for the employer to have proof of these communications. An employee who is determined to be not eligible for FMLA leave must be notified of the specific reason why. This can be a simple written statement, with a copy placed in either the personnel or the medical file, depending on the subject matter. Continue reading >