department-of-labor

By A. Edward Hardin, Jr.

Even if you are using the most current model FMLA forms from the U.S. Department of Labor, some of those forms “expire” at the end of February. When an employee advises his or her employer of the need (or possible need) for FMLA-qualifying leave, the employer must timely provide the employee with a “Notice of Eligibility and Rights & Responsibilities” form, Form WH-381. The employer may also provide the employee with a “Certification of Healthcare Provider” form, such as Form WH-380-E or Form WH-380-F.

Unlike milk, you do not have to open the “carton of forms” and smell them to see if they are expired because each form has an expiration date at the top right. A closer look at each of these forms in their current state reveals that all four “expire” at the end of this month, on “2/28/2015.” Other model FMLA forms that expire this month are Form WH-384, “Certification of Qualifying Exigency for Military Family Leave,” Form WH-385, “Certification for Serious Injury or Illness of Covered Servicemember—for Military Family Leave,” and Form WH-385-V, “Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.”

Be sure to check your FMLA forms, and be sure you are using the most current versions of each.