Be Sure You Have the Proper Forms for FMLA

Updated:

3/29/2021

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    The Family and Medical Leave Act (FMLA) is a path for employees to take a leave from work and still maintain job protections. Before going on leave, it is essential the correct paperwork has been filled out. Ask your employer about FMLA requirements and follow their instructions before going on leave.

    Employers may say these forms are optional, but filling out the proper forms correctly formalizes the agreement. In order to be sure both parties are having their rights secured, connect with your employer and doctor about FMLA requirements. If you have questions, ask a Columbus employment attorney.

    FMLA Form Examples

    One form that may be required is one that is referred to as the certification of a health care provider for an employee’s serious health condition or Form 380-E. The form consists of three sections. One section is to be completed by your employer. Then there is another section you as an employee fill out. Next, your doctor completes the final section.

    When you ask your workplace human resources office, they will likely provide you with the form, complete with the employer position of the document filled out.

    Details about your health condition will be included on this form, including the following:

    • Dates of the condition, such as when it began and how long it could last
    • If a hospital stay will be required
    • The diagnosis and treatment plan
    • What job task will not be fulfilled
    • Amount of time off that will be taken
    • If follow-up health needs will require more time off work after employee returns

    Of course, there are other reasons to take FMLA beyond your own health condition. For this reason, there are separate forms for other leave needs. For example, if leave is being taken for a family member’s serious health condition, Form 380-F will likely be required.

    FMLA Leave is Typically Up to 12 Weeks

    Unless there is leave available to an employee through the company that they can add to the FMLA leave, the family medical leave is up to 12 weeks, when an employee qualifies. The leave is without pay and the law is in place so a person can not lose their job when they need to recover from a health issue, care for a family member, take military leave, or take care of a new child. A new child could be a biological child or a child who joined the family through the adoption process.

    The FMLA program is overseen by the U.S. Department of Labor’s Wage and Hour Division. A Columbus employment attorney can advocate for you if there is an FMLA issue, but your first step is often to connect with the human resource officer within your workplace. Follow each step thoroughly to protect your rights.

    Do you have questions about FMLA? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.

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