Under the new Family and Medical Leave Act regulations that take effect this month, you could be required to use six different types of notices — and forms: general, eligibility, rights and responsibilities, and designation, plus two medical forms.
- Form WH-1420, the “general notice” poster, combines previous FMLA poster and policy requirements. The regs say you must post the notice “conspicuously.”
- The eligibility notice (Part A of Form WH-381) informs employees if they’re eligible for FMLA leave. Under most circumstances, you must provide the notice to an employee within five
business days after the employee’s first request for leave during a given leave year. The form also provides a space for employers to advise ineligible employees on why they don’t qualify
for FMLA leave.
- If an employee is eligible to take FMLA leave, you must simultaneously provide
the employee with a “rights and responsibilities notice” (Part B of Form WH-381). As its name suggests, this form provides an employee with additional information concerning obligations for leave to qualify under the FMLA. For example, the form indicates whether a certification is required, as well as whether there is any company policy requiring or permitting the use of paid time off while on FMLA leave.
- You can use a “designation notice” (Form WH-382) to advise an employee as
to whether his or her request for FMLA leave has been granted. Generally, you should provide such notice to an employee within five business days after the employer acquires sufficient information to determine whether the leave qualifies. At this stage, you must also notify the employee if a fitness-for-duty certification will be required prior to returning to work.
- Form WH-380-E is used for an employee’s own serious health condition.
- Form WH-380-F is used for the serious health condition of a qualifying family member.
The forms are undergoing modification, and not all of the latest versions are available. We’ll alert you to the new versions as soon as they’re posted.