DOL’s NEW FMLA MEDICAL INFORMATION TEMPLATE

Understanding the New FMLA Medical Information Template

The U.S. Department of Labor recently released new forms for medical information required for leave under the Family Medical Leave Act. The updates apply specifically to forms WH-380-E and WH-380-F, Employee’s Serious Health Condition, and Family Member’s Serious Health Condition, respectively. Each form slightly differs, depending on whether the application is for the employee or a family member.

In addition to changes in the Designation Notice; Rights and Responsibilities; and, Notice of Eligibility, the Medical Certification required of an employee or their family member has also been updated. A big part of that update requires healthcare providers to offer more detailed insights, including:

●      A “best estimate” of the treatment process and the future of care

●      A description of an essential job function that cannot be performed

●      Duration of incapacity can be noted as “lifetime” to assist with evaluation purposes

This form update is helpful because it also now includes a section on “insufficient or incomplete” medical information or certification. This includes an entire area where employers can offer a detailed explanation of what information is missing and when it needs to be provided to continue processing the leave paperwork.

The Goal is Reduced Hassle and Abuse of Leave

By upgrading these forms and adding areas for more information, the DOL hopes to reduce the amount of misinformation, miscommunication, and other hassles surrounding the process of approving FMLA leave and ensuring that all parties are on the same page regarding the reason and expected duration.

The goal here is to provide a more detailed explanation that helps doctors and employers alike evaluate information and communicate about patient care under FMLA without needing to constantly follow up with each other.

Primarily, it is designed to assist employers and medical providers, but the forms benefit employees to a certain degree, as well, to have their leave requests processed properly and promptly.

Standardizing is a Must

As of the summer of 2020, these forms are still optional, and employers are allowed to create their own if they desire. Of course, many professionals rely on the DOL templates at least as a starting point. The old forms are still available for use.

The biggest issue surrounding FMLA forms is the fact that there are no requirements or guidelines in place for the day-to-day use of these forms. The DOL itself directly states that they “do not require the use of any specific form or format”. If the DOL really wanted to improve the process, it would help to create a set of forms which are mandated, to ensure everyone is using the same process for consistency.

To learn more about processing FMLA leave, available forms, and how to work with the DOL to get assistance, you can visit their website here  . You will find forms, updates, and information regarding FMLA leave in the workplace, along with a detailed FAQ section to answer any questions you may have.

You can also work with an employment law attorney that can help you get through the process, choose the right templates, and ensure that your FMLA compliance is where it should be.