This summer, the Department of Labor revised Family and Medical Leave Act (FMLA) forms.  This is intended to clarify an employee’s rights under FMLA and provided guidance as to the required documentation from all parties.  Use of these forms is optional.  However, many companies either use these forms directly or as a guide to creating their own forms.

Among the forms changed were the WH-381 (Notice of Eligibility and Rights and Responsibilities), WH-382 (Designation notice), WH-380-E (Medical Certification of an Employee’s Serious Health Condition) and WH-380-F (Medical Certification of a Family Member’s Serious Health Condition).

Major changes for employers with these forms include:

  • Requiring an employer to indicate how far short of the 1,250 hours of service requirement an employee is if a worker does not meet that eligibility criterion. The DOL notes that one of the requirements for an employee to be eligible to take leave under the FMLA is having worked 1,250 hours during the 12 months prior to the start of leave.
  • The option for an employer to indicate the effect that FMLA leave has on employee benefits other than health insurance.
  • Whether FMLA leave will run concurrently with workers’ compensation, any applicable disability insurance coverage or leave required by state law.
  • On the Designation Form, the employer must specifically explain what is missing and/or insufficient and what actions the employee must take to amend an incomplete or insufficient certification.

Need help tracking FMLA?

Time Equipment Company offers FMLA Tracking which includes measurement of the 12-month rolling look back of hours for qualification and the new calculation for hours short of eligibility. 

For more information about tracking FMLA, contact Time Equipment Company at 800-997-8463 or

*This document simplifies complex Acts as it is understood by Time Equipment Company. It is not to be taken as legal advice. The regulations for this program are changing. For further information about FLMA, please visit