What Brokers and Employers Should Know About FMLA Forms

The Family and Medical Leave Act (FMLA) is a federal law that requires employers to offer unpaid leave to employees facing certain types of circumstances. Some states have their own laws that exceed the FMLA’s provisions. Regardless, as with all things related to federal labor laws, there are plenty of forms to deal with.

Employers are free to use a series of FMLA forms freely available for a download from the Department of Labor (DOL) website. The forms can be used as-is or modified to meet an employer’s needs. Alternatively, an employer can create its own FMLA forms. The main requirement is that employers furnish all the necessary information in an understandable format.

The forms are important enough that both brokers and employers should be familiar with them. Employers obviously look to their brokers for assistance. Meanwhile, brokers look to their general agencies. BenefitMall.com is one such agency. Below are several things BenefitMall believes all brokers and employers should be aware of.

Providing General Notice

At the top of the list of forms are those that provide general notice of FMLA policies and benefits. Employers are required by law to furnish the general information in some way, shape, or form. BenefitMall says the two most common options are:

• FMLA Posters – The DOL provides a free FMLA poster complete with all the basic provisions of the law. Whether an employer uses this poster or creates its own, the poster must be displayed in a conspicuous location accessible by all employees. If a single accessible location is not available, multiple locations can be utilized.

• Written Notice – Some employers choose to inform employees about the FMLA through written notices. This could be a single sheet of paper or flier printed up and distributed. It could also be an FMLA section added to the employee handbook.

One way or another, employees need to be made aware of their rights under the FMLA. A failure to inform is considered a violation of labor law.

Medical Certification Forms

Employers may request medical certification prior to granting extended time off under the FMLA. A doctor or other healthcare provider would provide certification. There are multiple forms offered by the DOL:

• Family Member Form (WH-380) – Employees eligible for time off to care for a sick or injured family member would submit Form WH-380. This is a certification form completed by a healthcare provider on behalf of an employee asking for time off to care for a spouse, child, or parent. It is intended for circumstances involving serious illnesses.

• Employee Form (WH-382) – Employees who need time off to address their own serious illnesses would use a similar form. It is known as WH-382. It is also completed by a healthcare professional who has verified the employee’s condition.

Different forms are used when the employee requesting time off is either a member of the military or a family member of one. The Qualifying Exigency Notice (WH-384) is intended for family members of soldiers being deployed outside of the country. The Military Caregiver Leave Notice (WH-385/WH-385-V) is the correct form when an employee is requesting leave to take care of a current service member or veteran.

Although administering FMLA benefits seems pretty straightforward, it can get complicated. BenefitMall recommends taking advantage of the many resources made available through the DOL. They also encourage brokers to work with their general agencies to ensure the right information being offered to employers.

As for employers, they can use government forms or create their own. The former choice seems more obvious to me.

Keith Irwin