by Doug Taylor, Shareholder, Bean, Kinney & Korman, P.C.
The U.S. Department of Labor (“DOL”) recently released updates to seven model or “form” notices and certification forms dealing with requirements under the Family and Medical Leave Act (“FMLA”).
Briefly, the FMLA applies to any employer that employs 50 or more employees for each working day during each of 20 or more calendar work weeks in the current or preceding calendar year. In order to qualify for coverage under the FMLA, an employee must have worked for a covered employer for at least 12 months and for at least 1,250 hours during the immediately preceding 12 month period.
Occurrences that give rise to FMLA leave entitlement include:
1. The birth of a child;
2. The placement of a child in the employee’s household for adoption or foster care;
3. The need for the employee to provide care for a spouse (state law determines the meaning of “spouse”), parent (but not in-laws), son or daughter (whether biological, adopted or foster) with a “serious health condition”;
4. A serious health condition that prevents the employee from performing an essential function of his or her job (includes serious health conditions related to pregnancy and child birth) and
5. A qualifying exigency arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation.
FMLA requirements for employers include:
1. Prominently display a notice explaining the FMLA’s provisions and provide information concerning the complaint process for employer violations of the FMLA;
2. Notify employees of their eligibility to take FMLA leave, upon request from employees or acquisition of knowledge by the employer of the need for FMLA leave;
3. Contemporaneously with the FMLA eligibility notice, provide employees with notice of their FMLA rights and responsibilities and
4. Provide employee notice of whether leave is deemed covered under the FMLA and how much time will count against the employee’s FMLA leave entitlement.
The DOL’s newly revised FMLA forms can be found 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)
The U.S. Department of Labor (“DOL”) recently released updates to seven model or “form” notices and certification forms dealing with requirements under the Family and Medical Leave Act (“FMLA”).
Briefly, the FMLA applies to any employer that employs 50 or more employees for each working day during each of 20 or more calendar work weeks in the current or preceding calendar year. In order to qualify for coverage under the FMLA, an employee must have worked for a covered employer for at least 12 months and for at least 1,250 hours during the immediately preceding 12 month period.
Occurrences that give rise to FMLA leave entitlement include:
1. The birth of a child;
2. The placement of a child in the employee’s household for adoption or foster care;
3. The need for the employee to provide care for a spouse (state law determines the meaning of “spouse”), parent (but not in-laws), son or daughter (whether biological, adopted or foster) with a “serious health condition”;
4. A serious health condition that prevents the employee from performing an essential function of his or her job (includes serious health conditions related to pregnancy and child birth) and
5. A qualifying exigency arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation.
FMLA requirements for employers include:
1. Prominently display a notice explaining the FMLA’s provisions and provide information concerning the complaint process for employer violations of the FMLA;
2. Notify employees of their eligibility to take FMLA leave, upon request from employees or acquisition of knowledge by the employer of the need for FMLA leave;
3. Contemporaneously with the FMLA eligibility notice, provide employees with notice of their FMLA rights and responsibilities and
4. Provide employee notice of whether leave is deemed covered under the FMLA and how much time will count against the employee’s FMLA leave entitlement.
The DOL’s newly revised FMLA forms can be found 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)
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