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FMLA certification is a medical confirmation that is generally required for employees to take leave per the Family Medical Leave Act. Generally, this is required in the case of employees or their direct family members sustaining a serious health condition that requires time off work for caregiving or recuperation.

Employees in Texas may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements set out above.

Part 'A' of the WH-381 form deals with eligibility for FMLA leave and it asks for the reason behind the leave request, such as the birth of a child or a spouse's call to active military duty. This section also lays out if the employee is covered under the law.

An employee may be denied FMLA if he does not have a bonafide serious medical condition as described by the FMLA requirements. To qualify, an employee must suffer some measure of incapacitation and fulfill other requirements: The simple presence of a physical or mental ailment may not be enough to qualify.

29 C.F.R. § 825.313. Information about the FMLA may be found on the WHD website at . Either the employee or the employer may complete Section I.

USPS Moves Processing of Employees FMLA Requests to Human Resources Center HeadquartersPO Box 970909Greensboro, NC 27497-0909FAX: 651-456-6067Western40 more rows ?

While use of this form is optional, a fully completed Form WH- 381 provides employees with the information required by 29 C.F.R. §§ 825.300(b), (c) which must be provided within five business days of the employee notifying the employer of the need for FMLA leave.

The FMLA was signed into law by President Bill Clinton in 1993. It allows workers to take up to 12 weeks of unpaid leave to bond with a newborn, newly adopted or newly placed child; care for a seriously ill child, spouse or parent; or care for their own serious health condition without fear of losing their jobs.

The employer must determine whether the medical condition meets the FMLA definition of a serious medical condition; and whether the certification articulates the necessary information for FMLA leave. If the certification meets the FMLA requirements (and the employee is eligible) then you cannot be denied FMLA leave.

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Tracy Graves Wolf is a partner in the Dallas office of Lewis Brisbois and a vice-chair of the.

Dallas Texas Employer FMLA Response - Form WH-381

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