Certification of Exigency for Military Family Leave or WH-384 for short is a Family and Medical Leave Act form which must be filled out by the employee and submitted to the employer or the human resources of the company. Just like any other FMLA Form, to be eligible, the employee must be working for at least 12 months and meet the required services and hours of the employer.
Also, the employee must not have used the FMLA entitlement for that last 12 months.
This form must be used by the family member of the military member, not the military member himself. The only thing regards to the military member is that he or she must be called for active duty or on covered active duty. Along with the WH-384 FMLA Form, a few other documentations are needed to support the form.
- You must attach a copy of the military member’s covered active duty orders to your WH-384.
- You must attach a document from the military certifying that the military member is on covered active duty or notified of an impending call to it.
- or you must provide your employer with the sufficient written proof that the military member has called on covered active duty or on covered duty prior to submitting WH-384.
Getting the WH-384 Form PDF
The U.S. Department of Labor provides all the FMLA forms. The easiest way to get and complete it is from dol.gov. Upon opening the form on your browser, you can start filling out online. After you complete it, you can save it for later or print it directly off of your browser without the need for any third party software.
Complete WH-384 from Department of Labor
Employees who need leave to take care of their veteran family member need to file the WH-385-V, not the WH-385 which is for active duty family members. Completion of the form is similar to the WH-385 but takes a little bit more time as the form details the veteran’s discharge information along with the need for care by the family member.
On the form, the employee needs to detail the name and address of the employer, his name and address, the name of the veteran and the relationship of the employee to the veteran. Part B of Section 1 details the veteran’s discharge and asks if the veteran was discharged dishonorably or not. Regardless of the answer, it’s not something that will be in the way of the employee’s FMLA request.
The rest of the form will be completed by the healthcare provider which will detail the veteran’s condition. Upon completing the form, you as an employee need to give your notice to the employer by using the WH-381 Notice of Eligibility.
How to request WH-385-V
You can request a copy of the five-page WH-385-V from the Department of Labor by phone or mail but since it will take some time to arrive, we recommend getting it online yourself.
Printable WH-385-V Online
The best part about this is that you can complete the parts where you need to fill out yourself and take it to the healthcare provider of the veteran. Or e-mail it and request them to complete online and send it to you.
That way, you can print the completed form and submit to your employer. The federal law does not require the employee to specifically mention FMLA. However, the employee is required to provide information to the employer that the leave may be covered by FMLA. The employee also needs to detail how many days of leave he/she needs and when the leave is going to take place.
WH-382 Designation Notice is the leave contract between the employer and the employee. It should be completed by an HR professional and submitted to the employee. It specifies the number of days that the leave will take place in regard to the employee’s leave.
The WH-382 is submitted after the employee delivers the necessary files for the leave. The WH-382 basically tells if the FMLA has been approved or not. Also, it can tell a few other things about the employee’s FMLA. These include
- Additional or more information is needed in order to determine if the leave can be approved.
- FMLA doesn’t cover the leave request because of ineligibility
- The employee has used FMLA leave entitlement for that 12 month period
Since this is a form that needs to be completed by the Human Resources of the company, employees or employers do not need to sign or complete any part of the form itself.
WH-382 2020 Printable for HR
The Designated Notice for FMLA can be obtained from the Department of Labor website. The form will come in PDF format and can be completed online so you don’t have to print it off and complete it by hand.
Download WH-382 from DOL
To be eligible to leave work for under the Family Medical Leave Act, you as an employee must have worked for your employer for at least 12 months. However, during your time of work, you must meet the hours of work required in the past 12 months before proceeding the leave. Once you know that you’re eligible, you must complete the WH-381 to let your employer know that you’re eligible.
The WH-381 form must be given to your employer within the five business days before you leave. To complete the form, the employee do not need any signature or information from their employers. This is simply the notice for a leave. You will still need to fill out and complete other FMLA Forms like WH-380-E or WH-380-F.
WH-381 Form PDF
You can get the WH-381 Form directly from the Department of Labor website. If you want to complete everything online, you can do so by opening up the PDF File which will allow you to type on it. You can then print the completed form without any issues at all.
Download WH-381 PDF
The form will also provide you with useful information at the top and below. If your employer is giving you hard time even if you meet all the requirements, simply show them below of the page which says:
It is mandatory for employers to provide employees with notice of their eligibility for FMLA protection and their rights and responsibilities. 29 U.S.C. § 2617; 29 C.F.R. § 825.300(b), (c). It is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. § 2616; 29 C.F.R. § 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
The Department of Labor estimates that it will take an average of 10 minutes for respondents to complete this collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding this burden estimate or any other aspect of this collection information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave., NW, Washington, DC 20210. DO NOT SEND THE COMPLETED FORM TO THE WAGE AND HOUR DIVISION
There are two WH-380 issued by the Department of Labor. One for the employee itself and the other is for the employee’s family members. Those who need to leave so they can take care of their family members are required to fill the WH-380-F Certificate. Just like the WH-380-E, this form must be completed by the employee, employer, and healthcare provider.
You can complete this form in many ways. You can either print it and complete it by hand or e-mail to your employer and the healthcare provider. Since it can be completed online by opening up the PDF file, so you do not necessarily need to print out the form and take it to your employer and the healthcare provider.
How to get WH-380-F Certificate
Same as any other federal agency, the Department of Labor provides everyone with the necessary documents that they need. The same goes for any other FMLA Forms that you need. As mentioned above, you can fill out the Certificate online and print the completed version.
The information that needs to be detailed on the WH-380-F is very similar to the WH-380-E for the healthcare provider. For the employee, however, it is a bit more detailed since the leave is not for the employee but the employee’s family member.
As an employee, you need to detail your name and the name of the family member you will provide care for, your relationship with the family member, and their date of birth if he/she is your son or daughter. Also, you will list how many days of leave you will need to provide care for that family member.
The part that the healthcare provider will fill out is pretty much the same as the WH-380-E. It details the medical condition of the family member and other facts such as the probable duration of the condition.
If you need to leave work for a medical condition, you need to fill out your FMLA certification. The same certification goes if you need to leave work for a family member who’s sustaining a health condition. The Department of Labor has seven forms for these situations. The WH-380-E is the certification of Health Care Provider for Employee’s Serious Health Condition. However, for that, you need to use the WH-380-F.
The completion of the form is simple and there are three main parts to it. One for the employee, one for the employer and lastly, for the healthcare provider. Your healthcare provider will fill out the form and determine the amount of leave you need for your recovery.
Part A on the form will detail your medical situation such as the date of the condition that occurred, relation to pregnancy, and other relevant medical facts. Part B, on the other hand, will detail how many leave days are recommended by the healthcare provider.
FMLA Form WH-380-E has four pages and the last page must be signed by the healthcare provider. Keep in mind that registered nurses whether they be skilled or not cannot sign this certificate. It must be signed by qualified medical practitioners in attendance. This is usually going to be the doctor who’s giving the medical care the employee needs.
FMLA Forms can be acquired by the U.S. Department of Labor, so you can either request a copy of it by phone or mail or get it yourself online from their website. Click the link below to get a printable version of FMLA Form WH-380-E.
Department of Labor WH-380-E Certificate Printable