New FMLA Forms
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Quick clarification question...
It is my understanding that once an employee notifies us of their desire or need for FML that we are to give them the "Notice of Eligibilty and Rights & Responsibilities Form" within 5 business days.
I am just clairifing that the "Designation Notice" 5 day requirement does not start until we receive the certification form from the employee, correct? Also the new "Designation Notice Form" does replace the former "Employer Response to Employee Request for Family or Medical Leave Form" correct?
Comments
Hi - anyone notice the deluge of FMLA questions (coincidence that the new FMLA regulations became effective at the end of last week? I think not!)
Good question . . . the answer I have is:
When an employee requests FMLA leave, or when the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee’s eligibility to take FMLA leave within 5 business days of the request for leave, absent extenuating circumstances. DOL has developed a prototype eligibility notice (Part A of Form WH-381) or an employer can develop its own form as long as it contains, at a minimum, all information contained on Part A of the WH-381.
Employers are required to provide written notice detailing the specific expectations and obligations of the employee, including the use of paid leave, and explaining any consequences of a failure to meet those obligations. This is the so-called “rights and responsibilities” notice. Since the two notices are part of the same government form (Form WH-381), this should not be problematic for employers. DOL’s Notice of Eligibility and Rights & Responsibilities (Form WH-381, Part
satisfies the regulatory requirements for rights and responsibilities notice.