Fill Out Form WH-381 Online in 2025

Know your eligibility and rights for benefits in 2025
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What is Form WH-381?

Form WH-381, the Notice of Eligibility and Rights & Responsibilities, is an important document related to the Family and Medical Leave Act (FMLA). This form informs employees of their eligibility for FMLA leave and details their rights and responsibilities. It outlines circumstances that may qualify an employee for leave, such as caring for a newborn or dealing with a serious health condition. Additionally, it provides instructions on how to apply for leave and maintain health insurance during the leave period. Employers are required to provide this form within five business days of an FMLA leave request.

What is Form WH-381 used for?

Form WH-381 is an important document for employees. Here's what it does:

  • Informing Eligibility: Notifies employees if they can take FMLA leave.
  • Outlining Rights: Explains rights under the FMLA.
  • Detailing Responsibilities: Clarifies what employees must do during their leave.
  • Providing Deadlines: Lists deadlines for medical certifications and other forms.
  • Ensuring Compliance: Helps employees understand the risks of not meeting obligations.

How to fill out Form WH-381?

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  1. 1

    Fill out Part A to check your eligibility for FMLA leave by entering work hours and duration.

  2. 2

    Complete Part B to understand your rights and responsibilities, noting the 15-day deadline for medical certification.

  3. 3

    Attach any required documentation for medical certification or relationship validation.

  4. 4

    Review all entries and ensure accuracy before finalizing.

  5. 5

    Click Done to download the completed form for your records.

Who is required to fill out Form WH-381?

Employers are the primary groups responsible for completing Form WH-381. Employers provide essential information regarding FMLA leave requests, while employees declare their intentions to take leave and supply necessary details.

After completion, employees use the form to understand their rights and responsibilities under the Family and Medical Leave Act (FMLA), ensuring they meet deadlines for additional documentation.

When is Form WH-381 not required?

Form WH-381 is not required when an employee has not requested FMLA leave. Also those who haven’t worked for their employer for at least 12 months or haven’t completed 1,250 hours of service in the past year are not required to use the form.

When is Form WH-381 due?

The deadline for Form WH-381 is within five business days after receiving the employee's notice of need for FMLA leave. This ensures the employee is informed about their eligibility, rights, and responsibilities regarding the leave.

How to get a blank Form WH-381?

To obtain a blank Form WH-381, Notice of Eligibility and Rights & Responsibilities, visit our platform. This form is issued by the Department of Labor (DOL) and is readily available in our editor for you to fill out. Remember, while our website helps you fill and download forms, it does not support filing them.

Do you need to sign Form WH-381?

No, you do not need to sign Form WH-381, Notice of Eligibility and Rights & Responsibilities. This form is generally filled out by the employer to inform you about your FMLA leave eligibility and rights, and you are not required to sign or complete any part of it. However, it’s always a good idea to check for the latest updates regarding this form. Once you have the form, you can use PDF Guru to fill it out and download it for your records.

Where to file Form WH-381?

Form WH-381, Notice of Eligibility and Rights & Responsibilities, should be given to the employee by their employer.

Employers must provide this form within five business days after an employee requests FMLA leave, either in person or by mail.

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Frequently asked questions

  • What information does Form WH-381 provide?

    Form WH-381 provides essential information about your eligibility for Family and Medical Leave Act (FMLA) leave, your rights under FMLA, and the specific terms and conditions associated with your leave request. It outlines your responsibilities and the employer's obligations, ensuring a smoother and more transparent leave process.

  • How long do I have to complete the medical certification?

    You have 15 calendar days from the date your employer requests the medical certification to complete and return it. Some employers may be more generous with this timeframe, but it is crucial to meet this deadline to avoid an automatic denial of FMLA leave.

  • What if I am a key employee?

    If you are a key employee under the FMLA, your employer may deny reinstatement to your position after FMLA leave only if reinstatement would cause “substantial and grievous economic injury” to the employer’s operations.

  • How does my employer determine if my leave is FMLA-qualifying?

    Your employer must determine whether your leave is FMLA-qualifying based on the information provided, such as a certification from your healthcare provider. Once they have enough information, they must notify you within five business days whether your leave will be designated as FMLA leave. This notice must be in writing and include details about any substitution of paid leave and the requirements for a fitness-for-duty certification.

  • What happens if I fail to meet my obligations under FMLA?

    If you fail to meet your obligations under FMLA, such as not completing the medical certification or not returning to work after leave, it can result in consequences like denial of future FMLA leave or potential legal action. It is essential to understand and comply with the terms and conditions outlined in the WH-381 form.

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