Fill out WH-381 (FMLA Notice of Eligibility and Rights) online
Form WH-381 is used by employers to notify employees whether they are eligible for FMLA leave and to inform them of their rights and responsibilities under the Family and Medical Leave Act. Employers must provide this notice within 5 business days of the employee's FMLA leave request or when they become aware the leave may qualify under FMLA.
How to fill out WH-381 (FMLA Notice of Eligibility and Rights)
Determine the employee's eligibility
Verify that the employee has worked for the employer for at least 12 months, has at least 1,250 hours of service in the 12 months before the leave, and works at a location with 50 or more employees within 75 miles.
Complete the eligibility determination section
Check whether the employee is eligible or not eligible for FMLA leave. If not eligible, specify the reason (insufficient tenure, insufficient hours, worksite size).
Specify rights and responsibilities
Indicate the amount of FMLA leave available, whether the leave will be counted against the FMLA entitlement, and any requirement to substitute paid leave. Specify any certification requirements.
Deliver to the employee
Provide the completed form to the employee within 5 business days. Retain a signed copy for employer records. If the employee is on leave, the form may be mailed to their home address.
About WH-381 (FMLA Notice of Eligibility and Rights)
Who needs this form
Employers (or their HR departments) who need to formally notify employees about FMLA eligibility. While use of this specific form is optional, employers must provide the required information in writing.
Where to submit
This form is provided by the employer to the employee. It is not submitted to a government agency. The employer retains a copy for their records.
Source and content freshness
- Filing deadlines may shift for weekends and holidays. Verify due dates with official instructions.
Common mistakes to avoid
- Not providing the notice within 5 business days of the leave request
- Failing to specify what documentation the employee must provide
- Not indicating the amount of FMLA leave available to the employee
- Not explaining the consequences of failing to provide required certification
Frequently asked questions
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Is an employer required to use Form WH-381?
No. While employers are required to provide FMLA eligibility and rights/responsibilities information to employees in writing, using the WH-381 form specifically is optional. However, the form provides a convenient and compliant way to deliver all the required information. Many employers use it as a template to ensure they meet their notification obligations.
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