New York FMLA Certification of Physician
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FAQ
About. As of January 1, 2018, paid family leave is mandatory in New York State. Almost all employees are eligible for paid family leave, and employers must give their employees paid family leave.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
Form WH 380-E, Certification of Health Care Provider for Employee's Serious Health Condition, is a form used by employers and sent to the US Department of Labor, Wages and Hour Division. This form verifies that an employee has a serious medical condition.
Fill out Section 2 of the form. If you are completing form WH-380-F, you will be required to provide information about the family member you are caring for during FMLA leave; such as their full name, your relationship to one another, and a description of your methods for providing care for that person.
New York employerslike employers in every statemust follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons.
Among the forms changed were the WH-381, the notice of eligibility and rights and responsibilities; WH-382, designation notice; WH-380-E, medical certification of an employee's serious health condition; and WH-380-F, medical certification of a family member's serious health condition.
WH-380-E (Certification of Health Care Provider for Employee's Serious Health Condition)
The FMLA also states that employers must continue group health insurance coverage during the leave period. Employers cannot interfere with or deny an employee's right to leave. They also cannot discriminate against any person for reporting or complaining about an unlawful FMLA practice.
Becoming EligibleMost employees who work in New York State for private employers are eligible to take Paid Family Leave.
Employee's serious health condition, form WH-380-E use when a leave request is due to the medical condition of the employee. Family member's serious health condition, form WH-380-F use when a leave request is due to the medical condition of the employee's family member.
