What Employer's Paperwork Is Required for FMLA?
The Family and Medical Leave Act of 1993 was created to ensure covered employees the right to take job-protected leave to deal with family or medical situations. Though a great benefit, this law can be a big headache for employers and their HR departments. There are five different forms offered on the FMLA index page (see Resources) to help employers and their HR departments make compliance with FMLA regulations much easier.
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Postings and Notice
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Section 109 of the Family and Medical Leave Act states that employers must keep a secretary of labor approved notice posted in clear view of all employees that explains and summarizes their rights and responsibilities under the FMLA. The Department of Labor (DOL) offers a poster PDF online that is approved for employer use (see Resources). Also, employers must include the notice in their employee handbooks. If the company does not have an employee handbook, a copy must be given to each new hire.
Eligibility Notice
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When an employee requests leave, it is up to the employer to determine if it qualifies as FMLA leave, whether the employee specified it as FMLA leave or not. Then the employer must inform the employee of his eligibility to take the request leave, and also what his rights and responsibilities are under FMLA law. The DOL provides an optional form WH-381, titled “Notice of Eligibility and Rights & Responsibilities,” which includes all the necessary information that an employer needs to abide by FMLA law when notifying an employee of his eligibility.
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Designation Notice
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When an employer has determined that the employee requesting leave is in fact FMLA eligible, the employer must formally notify the employee that the leave is designated as FMLA leave. Optional form WH-382, titled “Designation Notice,” includes checkboxes for whether the leave was FMLA approved or not, and why. It also includes areas that outline exactly what the terms of the leave will be, including if a fitness-for-duty certificate will be required before returning to work, so the employer is safeguarded from lawsuits caused by misunderstandings.
Employee Health Certification
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Some employers may require a certification by a health-care provider in order to confirm an employee’s claimed illness. An employer may also request a second and third opinion, but at their own expense. The certificate can be verified by a health-care provider, an HR professional, a leave administrator or a management official, but not the employee’s direct supervisor. Optional form WH-380-E, titled “Certification of Health Care Provider for Employee’s Serious Health Condition,” provides areas for the employer, employee and health-care provider. The form has an extensive section for the health-care provider to answer questions about the reported illness and recovery.
Family Member Health Certification
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Part of the FMLA benefit is the ability to take leave to take care of immediate family members (spouse, son, daughter or parent) who are suffering from a serious health condition. An employer has the right to request a certification for the family member in question from a health-care provider. Optional form WH-380-F, titled “Certification of Health Care Provider for Family Member’s Serious Health Condition,” is provided by the DOL to aid this process. The form is similar to form WH-380-E.
Military Family Leave Certification
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Lastly, an employer may ask for certification to approve FMLA leave for an employee claiming either a “qualifying exigency” (pressing or urgent situation) due to military duty or for the care of a seriously injured or ill service member. Forms WH-384 and WH-385 were designed for these situations, respectively.
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References
Resources
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