FMLA Form WH-380-F family member certification.

Which form is which

Under 29 CFR 825.306(b), WH-380-E is for the employee's own serious health condition and WH-380-F is for leave to care for a family member with a serious health condition. DOL lists them among five optional-use certification forms. Completed forms are returned to the employee to give to the employer; DOL tells people not to send completed certifications to the Wage and Hour Division.

What the provider may be asked to supply (825.306(a))

• The provider's name, address, telephone and fax numbers and type of practice or specialization.
• The approximate date the serious health condition began and its probable duration.
• Medical facts sufficient to support the need for leave, which may include symptoms, diagnosis, hospitalization, doctor visits, prescribed medication, referrals and any regimen of continuing treatment.
• Information sufficient to establish that the family member needs care as described in 825.124, and an estimate of the frequency and duration of the leave required.
• For planned treatment on an intermittent or reduced schedule: the medical necessity and an estimate of the dates and duration of treatment and recovery.
• For intermittent leave to care for the family member: a statement that the leave is medically necessary, which can include helping the family member recover, with an estimate of frequency and duration.

The information on the form must relate only to the serious health condition for which the current need for leave exists, and an employer may not require information beyond what 825.306, 825.307 and 825.308 specify.

The timing rules

• When the employer asks. In most cases at the time the employee gives notice of the need for leave or within five business days after, or within five business days after unforeseen leave starts (825.305(b)).
• Return. 15 calendar days after the request, unless that is not practicable despite diligent, good faith efforts, or the employer allows longer.
• Incomplete versus insufficient. Incomplete means one or more entries are blank. Insufficient means the answers are vague, ambiguous or non-responsive. The employer must say in writing what more is needed and allow seven calendar days to cure (825.305(c)).
• Not returned. A certification that never comes back is a failure to provide certification, and the employer may deny the leave under 825.313 (825.305(c)-(d)).
• New leave year. If the need lasts past a single leave year, the employer may require a new certification each subsequent leave year (825.305(e)).

Worked example

An employer asks for a WH-380-F on Monday, November 2, 2026. The employee has until Tuesday, November 17, 2026 (15 calendar days). The form comes back with the frequency of care left blank, and the employer says so in writing on Thursday, November 19, 2026. The cure date is Thursday, November 26, 2026, seven calendar days later; if that is not practicable despite diligent effort, more time may be due.

Limits

An employee may not be required to sign a release that lets the employer talk to the provider; the employee may offer one, but it is the employee's responsibility to deliver a complete and sufficient certification (825.306(e)). The form is optional: an employer must accept a complete and sufficient certification in another format, according to DOL's forms page.

Sources

• 29 CFR 825.305 Certification, general rule: timing, 15-day return, 7-day cure and consequences. Read November 2, 2026.
• 29 CFR 825.306 Content of medical certification: required information and the WH-380-E and WH-380-F forms. Read November 2, 2026.
• DOL Wage and Hour Division: FMLA forms (Internet Archive copy; the live page blocks automated reads): what each optional-use form is for, that completed certifications go to the employer and not to DOL, and that an expired OMB date does not affect the content. Read November 2, 2026.

Regulation text is the eCFR version current to October 29, 2026. Form descriptions are from the DOL forms page as archived and read on the date above.