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.
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