Lexology (02/20/12) Kerry W. Langan

Updated Family and Medical Leave Act model notices and medical certification forms have been released by the U.S. Department of Labor with an expiration date of Feb. 28, 2015. The previous notices and forms expired at the end of last year. The following forms have been updated: Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E), Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F), Notice of Eligibility and Rights & Responsibilities (WH-381), Designation Notice (WH-382), Certification of Qualifying Exigency For Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember—for Military Family Leave (WH-385).

The forms do not reflect changes in the FMLA since it was amended in November 2008 or 2010 amendments regarding military family leave; only the forms’ expiration date was modified. However, since DOL published proposed changes to the FMLA on Feb. 15, experts say the model forms could undergo significant changes before the new expiration date.