DOL FMLA forms are the official documents the U.S. Department of Labor requires employers to use when managing Family and Medical Leave Act requests, and in 2025 the agency reissued the entire set with refreshed expiration dates and a few notable clarifications. If you’ve searched for these forms and landed on a maze of government PDFs, you’re not alone. Getting even one of them wrong, whether it’s a missed deadline or an outdated version, can expose your company to real compliance risk. For a deeper walkthrough, see our 7 Best Continuous Performance Management Software (2026).
Here’s the thing: these forms aren’t optional extras. Instead, they’re the legal backbone of a sound FMLA process, covering everything from eligibility notices to medical certifications. Missing a form, or using one the DOL has since retired, can delay leave approvals, frustrate employees, and quietly create liability that compounds over time. For a growing company without a dedicated HR department, that risk builds fast. For a deeper walkthrough, see our 8 Best Compensation Planning Software for SMBs in 2026.
At Soteria HR, we help small and mid-sized organizations stay on top of exactly this kind of compliance work so nothing slips through the cracks. Below, we break down every current DOL FMLA form, what changed in the 2025 reissue, who completes each section, and precisely when you need to use it. Unlike a quick news update, this guide walks through all seven forms in full, plus the eligibility math, the deadlines, and the process you need to stay audit-ready year-round. For a deeper walkthrough, see our Difference Between Policies And Procedures: Simple Examples.
What Are DOL FMLA Forms, Exactly?
DOL FMLA forms are the standardized notices and medical certification templates published by the Department of Labor’s Wage and Hour Division to administer the Family and Medical Leave Act of 1993, a federal law that guarantees eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. Employers are not legally required to use the DOL’s exact templates word for word, but doing so is the simplest way to prove you met every notice obligation under the regulations found at 29 CFR Part 825.
In practice, these forms fall into two buckets: notices, which you issue to the employee, and certifications, which gather medical or service-related facts to support the leave request. Understanding which bucket a form belongs to is the fastest way to stop confusing WH-381 with WH-382, or WH-380-E with WH-380-F.
The DOL’s 2025 FMLA Forms Update: What Actually Changed
In 2025, the Department of Labor reissued its full library of FMLA forms with a new OMB expiration date and minor language cleanup rather than substantive policy changes. Consequently, employers can keep using templates that reference the prior expiration date during the transition window, but you should switch to the current editions as soon as your HR team can update its files. Above all, the core legal requirements, who qualifies, what counts as a serious health condition, and the 12-week entitlement, remain unchanged.
Three details from the update matter most for day-to-day administration:
- Extended expiration dates give employers more runway before the next mandatory reissue, reducing how often you need to audit your forms library.
- Clarified instructions on several forms make it easier for healthcare providers to complete Section II accurately the first time, which cuts down on incomplete certifications.
- Electronic signature language was reaffirmed, confirming that employers may accept e-signed forms as long as the method meets the same reliability standard used for other employment records.
Using an expired or outdated version of a DOL FMLA form will not automatically void a leave designation, but it does weaken your paper trail if a dispute ever reaches an investigator.
Therefore, the safest practice is to bookmark the official DOL forms library and check it quarterly, rather than relying on whatever version happens to be saved in a shared drive. For additional context on how these obligations fit into your broader compliance program, see our FMLA employer guide.
The Complete List of DOL FMLA Forms, At a Glance
Most articles on this topic stop at four or five forms. In reality, there are seven official DOL FMLA forms, and knowing all seven protects you from gaps when military leave or qualifying exigency situations come up.
| Form | Purpose | Completed By |
|---|---|---|
| WH-381 | Eligibility and rights notice | Employer |
| WH-382 | Designation notice | Employer |
| WH-380-E | Employee’s own serious health condition | Employee + provider |
| WH-380-F | Family member’s serious health condition | Employee + provider |
| WH-384 | Qualifying exigency for military family leave | Employee |
| WH-385 | Military caregiver, current servicemember | Provider |
| WH-385-V | Military caregiver, veteran | Provider |
Now let’s walk through each one in detail, starting with the form that kicks off every FMLA request.
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WH-381 is the first form you send when an employee requests FMLA leave. It notifies them whether they qualify, what their rights and responsibilities are, and what you need from them to move the process forward. This single form sets the tone for the entire leave process.
What WH-381 Covers and When You Must Issue It
This form covers three things: employee eligibility status, notice of FMLA rights, and any requirements you’re placing on the employee, like medical certification. You must issue it within five business days of learning that an employee’s absence may qualify for FMLA, even if the employee hasn’t formally requested leave.
What You Need to Confirm Employee Eligibility
Before completing WH-381, verify two key eligibility requirements: the employee must have worked for you for at least 12 months, and they must have logged at least 1,250 hours in the previous 12-month period. You also need to confirm your worksite employs 50 or more employees within 75 miles. Because part-time and variable-hour staff often get miscounted here, it helps to understand what a 0.5 FTE means for a growing business before you finalize the headcount, and our companion piece on why FTE calculations matter for HR walks through the math in more detail.
How to Explain Rights, Responsibilities, and Requirements Clearly
WH-381 walks you through which sections apply. Check the boxes that reflect your situation, including whether you’re requesting medical certification and which type applies. Be specific and thorough, because vague or incomplete instructions give employees room to argue they weren’t properly informed.
A properly completed WH-381 is your first line of defense if an FMLA dispute ever reaches a court or investigator.
Timing Rules and Delivery Best Practices
You have five business days to send this form once you have enough information to determine FMLA may apply. You can deliver it in person, by mail, or electronically if the employee receives notices that way. Keep a timestamped copy and document how delivery happened. For a deeper walkthrough, see our How To Conduct Performance Reviews: Steps, Questions, Tips.
Common Mistakes That Trigger Disputes or Penalties
Two errors come up repeatedly: sending the form late, and leaving required checkboxes blank. Both create ambiguity that works against you. Do not skip the written form in favor of a verbal conversation. The DOL requires written notice, and skipping it can make the entire leave process legally vulnerable.
Where to Find the Official DOL Form
Download the current version of WH-381 directly from the U.S. Department of Labor. Always confirm you have the most recent version before using it, since outdated DOL FMLA forms can expose you to compliance gaps you won’t catch until it’s too late.
2. WH-382 Designation Notice
After you send WH-381, WH-382 is the follow-up form that closes the loop. It officially tells the employee whether their leave is approved, denied, or still pending additional information.
When to Use WH-382 and What It Legally Accomplishes
Send WH-382 within five business days of receiving enough information to make a designation decision. This form is what turns an absence into an officially designated FMLA leave, which legally protects both you and the employee going forward.
How to Approve, Deny, or Request More Information
Check the appropriate box to approve, deny, or flag the certification as insufficient. If the certification needs more detail, give the employee at least seven calendar days to cure the deficiency before issuing a final decision.
A denial issued without written documentation is one of the fastest ways to trigger an FMLA retaliation claim.
For a deeper walkthrough, see our EEOC Retaliation Guidance: What Counts As Retaliation Today?.
How to Document FMLA Time Counts and the 12-Week Method
Use WH-382 to record how much leave has been used and how much remains. Most employers apply the rolling 12-month method, which calculates the balance by looking back from the date each new leave period begins. For a deeper walkthrough, see our Digital HR Transformation: How to Build a Winning Strategy.
How to Handle Intermittent Leave and Reduced Schedules
When leave runs on an intermittent or reduced-schedule basis, document the approved frequency and duration directly on the form. That detail gives you a clear reference point for tracking absences and managing scheduling conflicts.
Fitness-for-Duty Requirements and Essential Functions
If you require a fitness-for-duty certification before the employee returns to work, check that box on WH-382. You can also attach a list of essential job functions so the healthcare provider can speak directly to the employee’s ability to perform them.
Where to Find the Official DOL Form
Download WH-382 alongside the other DOL FMLA forms at the U.S. Department of Labor. Always confirm you are using the current version before issuing it to employees.
3. WH-380-E Employee Serious Health Condition
WH-380-E is the medical certification form you send when an employee requests leave for their own serious health condition. It gathers clinical details from a healthcare provider to help you determine whether the leave qualifies under FMLA.
When WH-380-E Applies and What Counts as a Serious Condition
Use this form when the employee’s condition involves inpatient care or incapacity of more than three consecutive days with ongoing treatment. Conditions like chronic illnesses, pregnancy complications, and surgery recovery typically qualify.
What the Employee Completes vs. What the Provider Completes
The employee fills out Section I, providing basic identifying information. The healthcare provider completes Section II, which covers diagnosis, treatment plan, and the duration and frequency of leave needed. For a deeper walkthrough, see our What Is Compensation Planning? Steps, Goals, And Examples.
What Information You Can and Cannot Request
You can ask for a diagnosis and expected leave duration. You cannot request details beyond what the form asks, and direct contact with the provider is off-limits without the employee’s written consent.
Requesting more information than the form requires puts you at legal risk and can look like interference with FMLA rights.
How to Manage Incomplete or Insufficient Certifications
If the form comes back incomplete or unclear, notify the employee in writing and give them at least seven calendar days to return a corrected version before you make a final designation decision.
Recertification and Second or Third Opinion Rules
You can request recertification every 30 days when the employee takes leave, or sooner if circumstances change significantly. You may also require a second or third opinion at your expense if you have reason to doubt the certification.
Where to Find the Official DOL Form
Download WH-380-E along with other DOL FMLA forms at the U.S. Department of Labor. Always confirm you are using the current version before sending it out.
4. WH-380-F Family Member Serious Health Condition
WH-380-F handles medical certification when an employee needs FMLA leave to care for a qualifying family member with a serious health condition. This form mirrors WH-380-E in structure but shifts the focus to the family member’s condition and the employee’s role as caregiver.
When WH-380-F Applies and Who Qualifies as a Family Member
Use this form when an employee requests leave to care for a spouse, child, or parent with a serious health condition. Note that siblings, in-laws, and grandparents do not qualify under federal FMLA definitions, although some state leave laws are broader.
How to Confirm the Care Need Without Over-Collecting Medical Info
The form asks whether the employee is needed to provide care, not for a full medical history. Stick to what the form requests, because asking for additional details outside that scope puts you at legal risk.
Overreaching on medical documentation is one of the most common ways employers accidentally interfere with FMLA rights.
For a deeper walkthrough, see our DOL FMLA Employer Guide: Compliance Steps For Employers.
Intermittent Leave Details That Matter for Scheduling and Tracking
When a family member’s condition requires periodic flare-ups or treatments, document the approved frequency and duration on the form. That written record protects you when absences need to be tracked against the 12-week balance.
Common Errors That Lead to Delays or Rejected Certifications
Leaving the care necessity section incomplete, or skipping the provider’s treatment timeline, are the errors that slow things down most. Notify the employee in writing and allow seven calendar days to fix deficiencies.
How to Store and Share the Form to Protect Privacy
Keep completed certifications in a separate confidential medical file, not the general personnel file. Only share the contents with managers who have a direct need to know scheduling or leave details.
Where to Find the Official DOL Form
Download WH-380-F along with other DOL FMLA forms directly from the U.S. Department of Labor. Always verify you have the current version before sending it to employees.
5. WH-384 Qualifying Exigency Certification
WH-384 is one of the most overlooked DOL FMLA forms, yet it covers a surprisingly common scenario: an employee whose spouse, child, or parent is a military member called to active duty overseas. This form supports qualifying exigency leave, which addresses practical needs created by a deployment rather than a medical condition.
What Counts as a Qualifying Exigency
Qualifying exigencies include short-notice deployment, military events, childcare arrangements, financial and legal arrangements, counseling, and post-deployment reintegration activities. In other words, this form covers the logistical disruption a deployment causes at home, not a health condition.
How Much Information the Employee Must Provide
Unlike medical certifications, WH-384 does not require a healthcare provider’s signature. Instead, the employee describes the exigency, the approximate dates needed, and, when applicable, contact information for the military unit. As a result, this certification is generally faster to process than the medical forms, but it still requires the same written documentation standard before you approve the leave.
6. WH-385 Military Caregiver Certification (Current Servicemember)
WH-385 covers a unique leave category that goes beyond standard FMLA. Use this form when an employee needs time off to care for a covered servicemember with a serious injury or illness incurred in the line of duty.
When WH-385 Applies and How It Differs from Standard FMLA
This form applies when a servicemember has a serious injury or illness incurred or aggravated while on active duty. Unlike standard FMLA, which caps leave at 12 weeks, military caregiver leave extends to 26 weeks within a single 12-month period.
Who Qualifies as a Covered Servicemember and Eligible Family
A covered servicemember is a current member of the Armed Forces. Eligible family members include the servicemember’s spouse, child, parent, or next of kin. For a deeper walkthrough, see our Culpepper Compensation Survey: Pricing, Data, And Use Cases.
Next of kin means the nearest blood relative, so eligibility can extend beyond a spouse or parent in some cases.
How the 26-Week Entitlement Works and How to Track It
The 26-week entitlement applies per servicemember, per injury within a single 12-month period. Track usage carefully because any standard FMLA leave taken during the same period counts against the combined total.
What to Do When You Receive Incomplete or Unclear Certifications
Notify the employee in writing and give them seven calendar days to correct deficiencies. You may also contact the authorized healthcare provider through a designated HR representative if the employee provides written consent.
Related Military Leave Forms to Know About
WH-384 covers qualifying exigency leave, which applies when a family member is deployed overseas. Keep both WH-384 and WH-385 accessible because military leave situations often require both forms depending on the circumstances.
Where to Find the Official DOL Form
Download WH-385 alongside the other DOL FMLA forms directly from the U.S. Department of Labor. Always confirm you have the most current version before issuing it to employees.
7. WH-385-V Military Caregiver Certification (Veterans)
This form is the one competing guides almost always skip. WH-385-V mirrors WH-385, but it applies specifically to veterans rather than current servicemembers. Use it when an employee needs leave to care for a veteran who was discharged or released from active duty within the preceding five years and who has a qualifying serious injury or illness.
Because veteran status introduces an additional eligibility wrinkle, the discharge date and characterization of service both matter. In particular, confirm the five-year window before processing the request, since a certification submitted outside that window does not qualify under this specific category, even if the injury itself is clearly service-connected.
How to Calculate Eligibility Before You Send Any DOL FMLA Forms
Before any DOL FMLA forms go out, confirm the employee actually meets the threshold. Specifically, you need three things to line up: 12 months of employment, 1,250 hours worked in the prior year, and a worksite with 50 or more employees within 75 miles.
The 50-employee count is where most small businesses stumble, particularly when part-time staff are involved. Rather than counting heads alone, convert part-time schedules into full-time equivalents to get an accurate picture. Our guides on 0.5 FTE meaning for growing businesses and why FTE calculations matter for HR both explain how to do this math correctly before you issue a single notice.
How to Build a DOL FMLA Forms Compliance Process
Rather than scrambling every time a leave request arrives, follow this five-step process to keep your DOL FMLA forms organized and your timelines on track.
- Audit your current forms library. Pull every FMLA template your company uses today and compare the expiration dates against the current DOL releases, discarding anything that references a retired edition.
- Train managers to recognize triggering events. Any manager who hears about a potential medical absence needs to escalate it to HR within one business day so the five-day WH-381 clock never gets missed.
- Issue WH-381 immediately and log the deadline. Send the eligibility notice as soon as eligibility is confirmed, and record the delivery date and method in a tracking spreadsheet or HR system.
- Route medical certifications through a confidential file. Keep every WH-380-E, WH-380-F, WH-385, and WH-385-V form in a separate medical file, accessible only to staff who need it for leave administration.
- Send WH-382 to close the loop and document the balance. Finalize the designation decision, record the remaining leave balance under the rolling 12-month method, and store a signed copy for your records.
Writing this process down as an actual policy, not just a verbal habit, is what separates a defensible FMLA program from a reactive one. See our guide on the How To Develop HR Policies: Steps, Examples, And Tips for a template you can adapt.
Frequently Asked Questions About DOL FMLA Forms
Where can I download the official DOL FMLA forms?
All current DOL FMLA forms, including WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385-V, are published on the U.S. Department of Labor’s official forms page. Bookmark that page rather than saving local copies, since it is the fastest way to confirm you have the current version.
Are DOL FMLA forms mandatory, or can employers create their own?
Employers are not strictly required to use the DOL’s exact templates, as long as any substitute form captures the same required information under 29 CFR Part 825. However, using the official DOL FMLA forms is the simplest way to guarantee full compliance without legal review of a custom document.
How often do DOL FMLA forms expire or get updated?
The Office of Management and Budget assigns each form an expiration date, typically several years out, and the DOL reissues the set when that date approaches. The 2025 reissue extended expiration dates and clarified instructions without changing the underlying eligibility rules.
Can employees or employers sign DOL FMLA forms electronically?
Yes. The DOL permits electronic signatures on FMLA forms as long as the method used is reliable and consistent with how you handle other employment records. In addition, you should still retain a secure, auditable copy of each signed form.
What happens if an employer uses an outdated FMLA form?
Using an expired form does not automatically invalidate a leave decision, but it weakens your documentation if a dispute later goes to the Equal Employment Opportunity Commission or a court. As a result, it’s safer to replace outdated templates as soon as the DOL publishes a new version.
How many DOL FMLA forms are there in total?
There are seven official DOL FMLA forms: WH-381, WH-382, WH-380-E, WH-380-F, WH-384, WH-385, and WH-385-V. Many employers only know about the first four, which is exactly why military-leave situations tend to catch HR teams off guard.
Next Steps for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms for DOL FMLA forms: Turning DOL FMLA Forms Into a Repeatable Process
Managing DOL FMLA forms correctly is not just a paperwork exercise. Each form in this guide carries legal weight, and a single missed notice or incomplete certification can expose your organization to claims, penalties, or prolonged disputes. The good news is that with the right process in place, FMLA compliance becomes predictable and manageable.
Your biggest risk is not knowing what you don’t know. Small companies especially tend to handle FMLA reactively, pulling forms together only when an employee asks for leave. That approach creates gaps. Building a proactive system, one that includes the right forms, clear timelines, and documented procedures, puts you in a much stronger position before any leave request lands on your desk.
If you want help building that system without doing it alone, reach out to the Soteria HR team. We handle the compliance details, from tracking every DOL FMLA form to managing deadlines, so you can stay focused on running your business.
