DOL Issues Updated FMLA Certification Forms
1 min read
Jun 22, 2015
The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act.
The new forms include:
- WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition;
- WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition;
- WH-381 Notice of Eligibility and Rights & Responsibilities;
- WH-382 Designation Notice:
- WH-384 Certification of Qualifying Exigency for Military Family Leave;
- WH-385 Certification for Serious Injury or Illness of Current Servicemember – for Military Family Leave; and
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.
The most notable update is a reference to the Genetic Information Nondiscrimination Act of 2008 ("GINA"), a federal law prohibiting employers from discriminating because of employees' or applicants' genetic information. This reference, found in the form's opening instructions, warns health care providers not to provide information about "genetic tests, as defined in 29 C.F.R. §1635.3(f), genetic services, as defined in 29 C.F.R. §1635.3(e), or the manifestation of disease or disorder in the employee's family members, 29 C.F.R. §1635.3(b)." Essentially acting as a safe harbor, this instruction protects employers from a GINA violation if they inadvertently receive genetic information from a health care provider in response to a lawful request for information under the FMLA. The DOL also revised the certification forms to instruct employers that "genetic information" received in response to the certification must be kept confidential, in accordance with GINA's requirements.
Employers should begin using these forms, which are set to expire in May of 2018, immediately. Copies of the updated forms can be found on the DOL's webpage. With questions, please contact your Hinshaw employment attorney.
Topics
Featured Insights

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative



