WH-381 is the federal Notice of Eligibility and Rights & Responsibilities used when an employer learns that an employee may need FMLA leave. The employer provides this notice, while the employee reviews it and supplies any requested certification or other information.
Key Takeaways
- WH-381 is an employer notice, not an employee's leave request or medical certification.
- The notice states whether the employee meets FMLA eligibility requirements and, if not, identifies at least one unmet requirement.
- Employers generally provide the eligibility notice within five business days after a leave request or after learning that leave may qualify, absent extenuating circumstances.
- Receiving the notice does not necessarily mean the absence has received final FMLA designation.
- The form explains requested documents, benefit obligations, paid-leave rules, and other employee responsibilities.
- Employers may use the Department of Labor form or another notice containing the required information.
What Is Form WH-381?
Form WH-381 is the U.S. Department of Labor's model Notice of Eligibility and Rights & Responsibilities under the Family and Medical Leave Act. It combines two required communications. The eligibility portion tells an employee whether the employee is eligible for FMLA protections. The rights and responsibilities portion explains what the employer and employee must do during the leave process.
An employee does not use FMLA Form WH-381 to request leave. An employee starts the process by giving the employer enough information to understand that an absence might involve an FMLA-qualifying reason. The employee does not have to mention the FMLA when requesting leave for the first time, but may need to answer reasonable questions about the reason and expected timing.
The employer then evaluates basic eligibility and provides the notice. If the employee is eligible, the WH-381 form can identify certifications or supporting documents that must be returned. It may also explain premium payments, use of paid leave, return-to-work requirements, and how the employer measures the applicable 12-month leave period.
The WH 381 form is not itself a final approval. Eligibility addresses the employee's status, while designation addresses whether a particular absence qualifies and will count as FMLA leave. Those decisions may occur at different stages. Employers and employees can obtain the current form without charge through the Department of Labor's official FMLA forms page.
Who Completes WH-381 and When Is It Provided?
The employer completes and provides WH-381. A human resources representative, leave administrator, business owner, or authorized third-party administrator may prepare it for the employer. The employee ordinarily does not fill out, sign, or return the notice itself. Instead, the employee responds to any document or information request listed in it.
An employer must give an eligibility notice when an employee requests FMLA leave or when the employer acquires knowledge that leave may be for an FMLA-qualifying reason. The notice is generally due within five business days, absent extenuating circumstances. The triggering event is therefore not limited to a formal written application. A conversation about surgery, hospitalization, pregnancy, caregiving, or another potentially qualifying need may give the employer enough information to begin the process.
Eligibility normally does not need to be redetermined for the same qualifying reason during the same FMLA leave year. If the employee later requests leave for a different qualifying reason, or eligibility changes, another notice may be required. The employer should also provide a new rights and responsibilities notice when the information previously supplied changes.
Using the government's WH381 form is optional, but providing the legally required notice is not. An employer may use its own document if it communicates all required information. The official form can reduce omissions, but it still must be completed for the employee's circumstances rather than sent as an unexplained blank template.
How to Read the FMLA Notice of Eligibility
Start with the eligibility determination. If the notice says you are eligible, that means you satisfy the threshold employee requirements based on the information available to the employer. It does not establish that every requested absence qualifies. The employer may still need a medical certification, proof of a family relationship, military documentation, or clarification about the leave schedule.
If the notice says you are not eligible, it should identify at least one reason. Common issues include not having worked for the employer for the required total period, not having enough hours of service during the preceding 12 months, or working at a location where the worksite requirement is not met. Review the dates, hours, worksite information, and employer records underlying that conclusion. Eligibility rules for airline flight crews differ in certain respects.
Next, review the rights and responsibilities information. Depending on the circumstances, the FMLA 381 notice may address:
- Supporting documents: The type of certification or other proof requested and the date for returning it.
- Paid leave: Whether accrued paid leave must or may run at the same time as unpaid FMLA leave.
- Health coverage: How group health plan coverage and the employee's share of premiums will be handled.
- Leave measurement: The 12-month method used to calculate available FMLA leave.
- Status updates: Any requirement to report periodically about status and intent to return.
- Fitness for duty: Whether certification may be required before returning from leave involving the employee's own serious health condition.
Read employer attachments as well as the federal form. A policy or certification enclosed with WH-381 may contain the action you need to take.
What Employees Should Do After Receiving WH-381
First, confirm that the notice accurately lists your name, the date the employer learned of the leave, and the expected reason or schedule. Notify human resources promptly if the dates or circumstances are wrong. Keep the notice, attachments, proof of delivery, and your related communications together.
If the employer requests certification, give the correct document to the appropriate health care provider or other authorized person. Read the stated return date and ask for clarification before it passes if the request is unclear. An incomplete or insufficient certification may delay a decision, but the employer should identify the deficiency and allow an opportunity to correct it as required by FMLA rules. Do not give your direct supervisor additional medical details unless the employer's process properly calls for that communication.
You should also compare your leave balance, paid-time-off treatment, premium instructions, and expected schedule with the employer's written policies. FMLA leave is generally unpaid, although paid leave may run concurrently under applicable rules. For a closer look at wage and benefit issues, see how pay, eligibility, and job protections work during FMLA leave.
If eligibility is disputed, the notice is missing or inconsistent, requested documentation is unclear, or you suspect interference or retaliation, you can post your legal need on UpCounsel's marketplace. An employment attorney can review the notice, eligibility facts, communications, deadlines, and the employer's FMLA process. Counsel can then recommend corrective steps or explain possible claims. Responses typically arrive within a day.
WH-381 Compared With Other FMLA Forms
The FMLA process can involve several documents, but they do not serve the same purpose. The sequence usually begins with notice from the employee, followed by the employer's eligibility and responsibilities notice. Certification may come next, and the employer later communicates whether the leave is designated as FMLA leave.
| Document | Who Provides or Completes It | Purpose |
|---|---|---|
| Initial leave notice | Employee | Alerts the employer to a potentially qualifying need for leave. No specific federal form is required. |
| WH-381 | Employer | States eligibility and explains rights, responsibilities, and requested documentation. |
| WH-380-E | Authorized health care provider, with employee information as needed | Certifies an employee's own serious health condition when certification is requested. |
| WH-380-F | Authorized health care provider, with employee information as needed | Certifies a family member's serious health condition when certification is requested. |
| Military leave certification | Employee and other appropriate sources | Supports qualifying-exigency or military-caregiver leave, depending on the applicable form. |
| WH-382 | Employer | Communicates whether leave is designated and counted as FMLA leave. |
Certification forms provide supporting facts, while WH-381 communicates the employer's initial eligibility decision and instructions. WH-382 is the later designation notice. It may state that more information is needed before designation can occur. An overview of FMLA Form WH documents can help you identify other forms relevant to a particular leave request.
Employer Compliance and Recordkeeping Steps
Employers should use a consistent intake process that flags absences potentially covered by the FMLA. Managers do not need to decide eligibility, but they should know how to route information about medical leave, bonding, family care, and military-related absences to the responsible administrator. Requiring an employee to use the words "FMLA leave" can cause the employer to miss a triggering event.
Before issuing the notice, verify employment duration, hours of service, worksite information, and employer coverage. Complete every applicable part of the form, state at least one reason for ineligibility when necessary, and clearly identify requested documentation. Avoid demanding a diagnosis or information beyond what FMLA certification rules permit.
Employers should document when they learned of the possible leave need, when they delivered WH-381, what attachments were included, and any later communications. Medical records and certifications should be treated as confidential medical records and maintained separately from routine personnel files. Access should remain limited to those with a legitimate business or legal need.
Common mistakes include treating WH-381 as final approval, sending an uncompleted template, failing to explain an ineligibility decision, and overlooking intermittent or unforeseeable leave. Employers should also coordinate FMLA administration with paid-leave policies, disability accommodations, workers' compensation, and applicable state law without assuming that one process resolves the others.
FMLA Eligibility, Qualifying Reasons, and State Rules
Federal FMLA eligibility generally depends on several separate questions. The employer must be covered, the employee must have worked for the employer for at least 12 months, the employee generally must have at least 1,250 hours of service during the preceding 12 months, and the employee must work at a location where the worksite test is satisfied. Special rules or exceptions can affect how some requirements apply. Review the detailed FMLA eligibility requirements before assuming that receiving or not receiving WH-381 resolves the issue.
Eligible employees may use FMLA leave for birth and bonding, placement of a child for adoption or foster care, the employee's own serious health condition, or care for a spouse, child, or parent with a serious health condition. Federal law also covers certain qualifying exigencies related to military service and military caregiver leave. The available entitlement and required proof depend on the reason for leave.
WH-381 is a federal form. It does not decide rights under a state family-leave law, paid-leave program, disability law, employer policy, or collective bargaining agreement. Those protections may use different definitions, cover smaller employers, replace some wages, or apply when federal FMLA does not.
For example, employees and businesses can review separate guidance about FMLA rights in North Carolina or FMLA rights and employer duties in Texas. Check current state instructions for the location where the employee works. An employer should not use a federal ineligibility decision as the sole basis for rejecting every other potential leave or accommodation right.
Frequently Asked Questions
What Conditions Qualify for FMLA Leave?
A condition may qualify when it meets the FMLA definition of a serious health condition, not merely because a person has a diagnosis. Relevant circumstances can include inpatient care, continuing treatment, pregnancy, chronic conditions, permanent or long-term incapacity, and certain multiple treatments. The certification should supply permitted medical facts supporting the need for leave without requiring the employee to disclose an unrestricted medical history.
What Conditions Qualify for FMLA Leave for a Family Member?
A family member's condition may qualify if it is a serious health condition and the employee is needed to provide care. Care can include physical assistance, psychological comfort, transportation, or arranging changes in care. Federal family-care leave generally applies to a spouse, child, or parent, although specialized definitions and military provisions can affect who is covered.
How Does FMLA Work in North Carolina?
Federal FMLA operates in North Carolina under the same federal eligibility and qualifying-reason framework used nationwide. WH-381 remains the federal eligibility and responsibilities notice. Employees should separately check current North Carolina protections, employer policies, and benefit programs because another source of leave or job protection may apply even when an absence is not covered by federal FMLA.
What Is an FMLA Form?
An FMLA form is a document used to communicate a decision or collect information during the federal leave process. Some forms are employer notices, while others are certifications completed with information from employees, health care providers, or military sources. Department of Labor forms are generally optional templates, but employers and employees must still satisfy the underlying notice and certification requirements.
Can a Social Worker Complete FMLA Paperwork?
A clinical social worker may complete an FMLA medical certification if the person qualifies as a health care provider under FMLA rules and is authorized to practice under applicable state law. A case manager or social worker who does not meet that definition may help coordinate paperwork but may not be authorized to certify the medical facts supporting leave.
How Can I Get Approved for FMLA?
You can pursue FMLA designation by giving timely notice, supplying enough information to indicate a potentially qualifying reason, and returning any properly requested certification. Approval depends on employee eligibility, employer coverage, the qualifying reason, and adequate supporting information. If a certification is incomplete, respond promptly to a lawful request for correction rather than assuming the initial submission ends the process.
