Form WH-382 at a glance
What it is: Form WH-382 is the Designation Notice under the Family and Medical Leave Act, from the Wage and Hour Division of the U.S. Department of Labor.
Where and when to file: Do not send the form to the Department of Labor. Provide it to the employee.
Leave covered under the Family and Medical Leave Act (FMLA) must be designated as FMLA-protected and the employer must inform the employee of the amount of leave that will be counted against the employee's FMLA leave entitlement. In order to determine whether leave is covered under the FMLA, the employer may request that the leave be supported by a certification. If the certification is incomplete or insufficient, the employer must state in writing what additional information is necessary to make the certification complete and sufficient. While use of this form is optional, a fully completed Form WH-382 provides employees with the information required by 29 C.F.R. §§ 825.300, 825.301, and 825.305, which must be provided within five business days of the employer having enough information to determine whether the leave is for an FMLA-qualifying reason. Information about the FMLA may be found on the WHD website at www.dol.gov/agencies/whd/fmla.
The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving notice to the employee. Once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, an employer may not delay designating such leave as FMLA leave, and neither the employee nor the employer may decline FMLA protection for that leave.
A filled-in Form WH-382 example: an employer approves leave for an employee's own health condition
How to fill out Form WH-382, box by box
Section I, the date, employer and employee
Enter the Date (mm/dd/yyyy), the Employer after From and the Employee after To.
Your need for leave
Received on (mm/dd/yyyy): the most recent information to support the need for leave due to: (Select as appropriate) The birth of a child, or placement of a child with you for adoption or foster care, and to bond with the newborn or newly-placed child; your own serious health condition; the serious health condition of your spouse, child, or parent; a qualifying exigency arising out of the fact that your spouse, child, or parent is on covered active duty or has been notified of an impending call or order to covered active duty with the Armed Forces; a serious injury or illness of a covered servicemember where you are the servicemember's spouse, child, parent, or next of kin (Military Caregiver Leave).
Approved, Not Approved or additional information needed
Your FMLA leave request is: (Select as appropriate) Approved. All leave taken for this reason will be designated as FMLA leave. Go to Section III for more information.
Not Approved: (Select as appropriate) The FMLA does not apply to your leave request. As of the date the leave is to start, you do not have any FMLA leave available to use. Other, on the line.
Additional information is needed to determine if your leave request qualifies as FMLA leave. (Go to Section II for the specific information needed. If your FMLA leave request is approved and no additional information is needed, go to Section III.)
Section II, the employer FMLA representative
Section II, Additional Information Needed to determine whether your leave request qualifies under the FMLA. Once the additional information requested is obtained, you are informed within 5 business days if your leave will or will not be designated as FMLA leave and count towards the amount of FMLA leave you have available. Failure to provide the additional information as requested may result in a denial of your FMLA leave request.
If you have any questions, please contact the Name of employer FMLA representative at the Contact information.
Incomplete certification
Incomplete or Insufficient Certification: The certification you have provided is incomplete and/or insufficient to determine whether the FMLA applies to your leave request. (Select as applicable) The certification provided is incomplete. “Incomplete” means one or more of the applicable entries on the certification have not been completed.
Insufficient certification and the requested information
Enter the Employee Name.
The certification provided is insufficient to determine whether the FMLA applies to your leave request. “Insufficient” means the information provided is vague, unclear, ambiguous or non-responsive.
Specify the information needed to make the certification complete and/or sufficient.
You must provide the requested information no later than (provide at least 7 calendar days) mm/dd/yyyy, unless it is not practicable under the particular circumstances despite your diligent good faith efforts, or your leave may be denied.
Second and Third Opinions
Second and Third Opinions: The employer requests that you obtain a (second / third opinion) medical certification at the employer's expense, and the employer will provide further details at a later time. Note: The employee or the employee's family member may be requested to authorize the health care provider to release information pertaining only to the serious health condition at issue.
Section III, the leave time counted
Section III, FMLA Leave Approved: As explained in Section I, your FMLA leave request is approved.
The FMLA requires that you notify as soon as practicable if the dates of scheduled leave change, are extended, or were initially unknown.
The amount of time counted against the total amount of FMLA leave you have available to use in the applicable 12-month period: (Select as appropriate) Provided there is no change from your anticipated FMLA leave schedule, the following number of hours, days, or weeks will be counted against your leave entitlement. Because the leave you will need will be unscheduled, it is not possible to provide the hours, days, or weeks that will be counted against your FMLA entitlement at this time.
You have the right to request this information once in a 30-day period (if leave was taken in the 30-day period).
Please be advised, paid and unpaid leave
Please be advised: (check all that apply) Some or all of your FMLA leave will not be paid.
Any unpaid FMLA leave taken will be designated as FMLA leave and counted against the amount of FMLA leave you have available to use in the applicable 12-month period. Based on your request, some or all of your available paid leave (e.g., sick, vacation, PTO) will be used during your FMLA leave. You are required to use some or all of your available paid leave (e.g., sick, vacation, PTO) during your FMLA leave. Any paid leave taken for this reason will also be designated as FMLA leave and counted against the amount of FMLA leave you have available to use in the applicable 12-month period.
Other, on the line (e.g., Short- or long-term disability, workers' compensation, state medical leave law, etc.) Any time taken for this reason will also be designated as FMLA leave and counted against the amount of FMLA leave you have available to use in the applicable 12-month period.
Return-to-work requirements
Return-to-work requirements. To be restored to work after taking FMLA leave, you (will be / will not be) required to provide a certification from your health care provider (fitness-for-duty certification) that you are able to resume work. This request for a fitness-for-duty certification is only with regard to the particular serious health condition that caused your need for FMLA leave. If such certification is not timely received, your return to work may be delayed until the certification is provided.
A list of the essential functions of your position (is / is not) attached. If attached, the fitness-for-duty certification must address your ability to perform the essential job functions.
More rules for Form WH-382
It is mandatory for employers to retain a copy of this disclosure in their records for three years.
Common questions about Form WH-382
What is the WH-382 form for?
Form WH-382 is the Designation Notice under the Family and Medical Leave Act, from the Wage and Hour Division of the U.S. Department of Labor. It is mandatory for employers to inform employees in writing whether leave requested under the FMLA has been determined to be covered under the FMLA.
Where do I file it?
Do not send the form to the Department of Labor. Provide it to the employee.
Sources
[1] Form WH-382 (Revised June 2020), Designation Notice, U.S. Department of Labor, Wage and Hour Division (the Official source link on this page).