New FMLA Forms go Into Effect Today January 16, 2009
January 16, 2009
Form WH-385: Certification for Serious Injury or Illness of Covered Servicemember- for Military Family LeaveThe final rule implementing the new FMLA amendments takes effect on January 16, 2009 and employers should begin using the new forms today. Through a series of client alerts, employers will be introduced to the new forms. In this alert, I will be discussing
Form WH-385.
The new FMLA amendments provide that eligible employees who are family members of covered servicemembers will be able to take up to 26 workweeks of leave in a "single 12-month period" to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Form WH-385 is optional and can be used for the Certification for Serious Injury or Illness of Covered Servicemember- for Military Family Leave. We recommend that employers use this form.
Form WH-385 requires the employee to certify that their family member is a covered servicemember and provides for certification of the injury or illness by a United States Department of Defense ("DOD") health care provider. The health care provider must be either:
1. a United States Department of Veterans Affairs ("VA") health care provider;
2. a DOD TRICARE network authorized private health care provider; or
3. a DOD non-network TRICARE authorized private health care provider.
The form also requires the health care provider to estimate the period of time that the covered servicemember will need both
continuous care and periodic follow-up treatment.
It is important for employers to remember that this new leave applies to family members of covered servicemembers and not to servicemembers themselves. Servicemembers are covered by other federal and state laws.
For more information regarding this client alert, please contact Sarah E. Newell at 207-947-0111 for further information.
This alert is provided as general information, and is not a substitute for legal or other professional advice.
