Employer FMLA Response - Form WH-381
What this document covers
The Employer FMLA Response - Form WH-381 is a document used by employers to formally respond to an employee's request for leave under the Family and Medical Leave Act (FMLA). This form is essential for outlining whether the employee is eligible for leave, detailing the benefits during leave, and explaining the obligations of both the employer and the employee. It is distinct from other leave forms as it serves specifically as a response to requests for FMLA leave, ensuring compliance with FMLA regulations.
What’s included in this form
- Eligibility determination: Indicates if the employee qualifies for FMLA leave.
- Leave status: Confirms whether the requested leave is approved or denied.
- Health insurance provisions: Details on health insurance coverage during the leave.
- Recertification requirements: Outlines if additional medical certification is needed.
- Fitness-for-duty certification: Specifies if a return-to-work certificate is required.
Legal requirements by state
This form is a general form that can be adapted for use in different states. Since each state has its own laws, make any needed updates before completing it.
Situations where this form applies
This form should be used when an employee requests leave under the FMLA for qualifying reasons such as the birth or adoption of a child, or to care for a seriously ill family member. It is also applicable when an employee has a serious health condition making them unable to perform their job duties. Employers must complete this form to clearly communicate their response to the employee's request and to comply with FMLA regulations.
Who can use this document
- Employers managing employee requests for FMLA leave.
- Human resources professionals responsible for employee benefits.
- Business owners seeking to ensure compliance with FMLA requirements.
How to prepare this document
- Review the employee's request for leave and determine eligibility.
- Check the applicable boxes to confirm leave status and benefits.
- Clearly outline any required health insurance premium payments and obligations.
- Specify if any certification or recertification will be needed during or after the leave period.
- Provide the completed form to the employee in a timely manner.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes
- Failing to notify the employee within the required time frame.
- Providing incomplete information regarding benefits during leave.
- Not specifying the eligibility criteria clearly.
Benefits of completing this form online
- Immediate access to the latest legal forms created by licensed attorneys.
- Convenient download options for easy distribution.
- Editable fields allow for customization based on specific employee situations.
Form popularity
FAQ
If an employer is governed by the FMLA and the employee is entitled to take the FMLA leave, the request should normally be responded to within 30 days. If the request has not been responded to after 30 days, the employee might go to the company Human Resources department and ask if there is a problem.
Under federal law, an employer commits unlawful FMLA retaliation when it takes an adverse employment action against an employee in retaliation for taking FMLA leave.
An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
In order to establish a claim for FMLA retaliation, an employee must prove that: (1) he or she engaged in statutorily protected activity; (2) adverse job action was taken against him or her; and (3) there is a causal connection between the activity and the adverse job action.
To ensure employees can effectively exercise their rights under the FMLA, the FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise an employee's FMLA rights.2 To establish a claim for FMLA interference, an employee must show that (1) he or she is
You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response. You suffered some damage as a result.
The DOL provides a model Designation Notice (Form WH-382) that can be used to notify the employee whether his or her FMLA request has been approved or denied.After an employee returns the medical certification form, an employer has five business days to approve or deny FMLA leave.
