Form Wh 384 PDF Details

The Form WH 384 is a request for waiver of the wage and hour requirements of the Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage, overtime pay, record-keeping, and child labor standards. An employer may file a Form WH 384 if it can demonstrate that compliance with these standards would cause severe financial hardship. This form must be filed with the Wage and Hour Division of the Department of Labor. The FLSA is a federal law that sets minimum wage, overtime pay, record-keeping, and child labor standards. There are some exceptions to these standards which an employer may apply for by filing a Form WH 384. The form must be filed with the Wage and Hour Division of the Department of Labor in order to demonstrate that compliance would cause severe financial hardship. You may be wondering whether or not your organization meets the criteria for a waiver or if you even need one at all. In this blog post we will explore what exactly constitutes as severe financial hard

QuestionAnswer
Form NameForm Wh 384
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesWH 384 wh 384 2009 form

Form Preview Example

Certification of Qualifying Exigency

U.S. Department of Labor

For Military Family Leave

Wage and Hour Division

(Family and Medical Leave Act)

 

OMB Control Number: 1235-0003

Expires: 2/ 28/2015

SECTION I: For Completion by the EMPLOYER

INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA leave due to a qualifying exigency to submit a certification. Please complete Section I before giving this form to your employee. Your response is voluntary, and while you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 CFR 825.309.

Employer name: ____________________________________________________________________________________

Contact Information: _________________________________________________________________________________

SECTION II: For Completion by the EMPLOYEE

INSTRUCTIONS to the EMPLOYEE: Please complete Section II fully and completely. The FMLA permits an employer to require that you submit a timely, complete, and sufficient certification to support a request for FMLA leave due to a qualifying exigency. Several questions in this section seek a response as to the frequency or duration of the qualifying exigency. Be as specific as you can; terms such as “unknown,” or “indeterminate” may not be sufficient to determine FMLA coverage. Your response is required to obtain a benefit. 29 CFR 825.310. While you are not required to provide this information, failure to do so may result in a denial of your request for FMLA leave. Your employer must give you at least 15 calendar days to return this form to your employer.

Your Name: _______________________________________________________________________________________

First

Middle

Last

Name of military member on covered active duty or call to covered active duty status:

__________________________________________________________________________________________________

FirstMiddleLast

Relationship of military member to you: ___________________________________________________________

Period of military member’s covered active duty: __________________________________________________________

A complete and sufficient certification to support a request for FMLA leave due to a qualifying exigency includes written documentation confirming a military member’s covered active duty or call to covered active duty status. Please check one of the following and attach the indicated document to support that the military member is on covered active duty or call to covered active duty status.

A copy of the military member’s covered active duty orders is attached.

Other documentation from the military certifying that the military member is on covered active duty (or has been notified of an impending call to covered active duty) is attached.

I have previously provided my employer with sufficient written documentation confirming the military member’s covered active duty or call to covered active duty status.

Page 1

CONTINUED ON NEXT PAGE

WH-384 Revised February 2013

PART A: QUALIFYING REASON FOR LEAVE

1.Describe the reason you are requesting FMLA leave due to a qualifying exigency (including the specific reason you are requesting leave):

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

2.A complete and sufficient certification to support a request for FMLA leave due to a qualifying exigency includes any available written documentation which supports the need for leave; such documentation may include a copy of a meeting announcement for informational briefings sponsored by the military; a document confirming the military member’s Rest and Recuperation leave; a document confirming an appointment with a third party, such as a counselor or school official, or staff at a care facility; or a copy of a bill for services for the handling of legal or financial affairs. Available written documentation supporting this request for leave is attached.

Yes

No

None Available

PART B: AMOUNT OF LEAVE NEEDED

1.Approximate date exigency commenced: __________________________________________________________

Probable duration of exigency: __________________________________________________________________

2.Will you need to be absent from work for a single continuous period of time due to the qualifying exigency? YesNo

If so, estimate the beginning and ending dates for the period of absence:

___________________________________________________________________________________________

3. Will you need to be absent from work periodically to address this qualifying exigency? YesNo

Estimate schedule of leave, including the dates of any scheduled meetings or appointments:

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Estimate the frequency and duration of each appointment, meeting, or leave event, including any travel time (i.e., 1 deployment-related meeting every month lasting 4 hours):

Frequency: _____ times per _____ week(s) _____ month(s)

Duration: _____ hours ___ day(s) per event.

Page 2

CONTINUED ON NEXT PAGE

WH-384 Reeised February 2013

PART C:

If leave is requested to meet with a third party (such as to arrange for childcare or parental care, to attend counseling, to attend meetings with school, childcare or parental care providers, to make financial or legal arrangements, to act as the military member’s representative before a federal, state, or local agency for purposes of obtaining, arranging or appealing military service benefits, or to attend any event sponsored by the military or military service organizations), a complete and sufficient certification includes the name, address, and appropriate contact information of the individual or entity with whom you are meeting (i.e., either the telephone or fax number or email address of the individual or entity). This information may be used by your employer to verify that the information contained on this form is accurate.

Name of Individual: ______________________________ Title: ______________________________________________

Organization: ______________________________________________________________________________________

Address: __________________________________________________________________________________________

Telephone: (________) ___________________________ Fax: (_______) ______________________________________

Email: ____________________________________________________________________________________________

Describe nature of meeting: ___________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

PART D:

I certify that the information I provided above is true and correct.

Signature of Employee ___________________________________________ Date _______________________________

PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT

If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. 2616; 29 CFR 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. T he Department of Labor estimates that it will take an average of 20 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 AV, NW, Washington, DC 20210. DO NOT SEND THE COMPLETED FORM TO THE WAGE AND HOUR DIVISION;

RETURN IT TO THE EMPLOYER.

Page 3

WH-384 Revised February 2013