Q & A – What FMLA forms do I need?

Q: What FMLA forms do I need?

A: The U.S. Dept. of Labor has created forms that employers can use for FMLA leave.  Employers can, if they wish, create their own forms containing the same information.  Most employers, however, use the provided forms.

The FMLA requires employers to issue certain notices to employees.  The first notice is called the Eligibility and Rights and Responsibilities Notice.  This notice is given when the employee first notifies the employer or when the employer first discerns the employee’s need for FMLA leave.  Once the employer determines that the leave qualifies for FMLA, the employer must issue a second notice called the Designation Notice.  Employers should use the DOL forms or their equivalent forms for these purposes.

Where FMLA leave is based on medical necessity, employer can require medical certfication from a health care provider.  The DOL has forms for use with the employee’s own, a family members’, or a service members’ serious health condition.  The DOL has also created a form that can be used for military FMLA leaves due to qualifying exigencies.