FMLA Form WH-380-E: Employee Serious Health Condition

Employers can ask for this Department of Labor certification when an employee requests FMLA leave for their own serious health condition. The treating clinician records when the condition started, how long it should last, which serious health condition category applies and how much continuous, reduced-schedule or intermittent leave is needed. The patient returns the completed form to the employer, which uses it to grant or deny FMLA protection.

Who completes it

The employee's health care provider completes Section II: contact details, Parts A to C and the signature. Section I, with the employer name, return date and the employee's essential job functions, may be filled in by either the employer or the employee.

How to fill it in

Section I - Employer

Filled in by the employer or the employee before the form reaches you: employee and employer names, the date certification was requested, the return date (at least 15 calendar days later), job title, regular work schedule and a statement of essential job functions or an attached job description. Part C relies on this statement; if it is blank, the form tells you to answer from the employee's own description of the job.

Section II - Health Care Provider

Print your name, business address, type of practice or specialty, telephone, fax and email. The instructions explain that a serious health condition involves inpatient care or continuing treatment by a health care provider, that adding symptoms or a diagnosis is optional, and that some state or local laws may not allow disclosure of a diagnosis or course of treatment. Answers are your best estimate from knowledge, experience and examination.

Part A: Medical Information

Questions 1 to 4. Give the approximate start date and your best estimate of how long the condition lasted or will last, then check each category that applies: inpatient care, incapacity plus treatment (more than three consecutive full calendar days, with visit dates), pregnancy with the expected delivery date, chronic condition, permanent or long-term condition, or multiple treatments. If none applies, skip to page 4 and sign. Question 4 allows brief extra facts, such as dialysis.

Part B: Amount of Leave Needed

Questions 5 to 9 cover scheduled treatment visits with dates, referrals to other providers with a start date and duration, a medically necessary reduced schedule, a continuous period of incapacity with begin and end dates, and intermittent absences for flare-ups. For intermittent leave, estimate how many episodes occur per day, week or month over the next six months and how many hours or days each lasts. Every box checked in Part A needs an amount here.

Part C: Essential Job Functions

Question 10 asks whether the employee was, is or will be unable to perform one or more essential job functions, and asks you to identify at least one. Use the employer's statement in Section I, or the employee's own description if none was provided. The form notes that an employee who must be absent for scheduled medical treatment is considered unable to perform essential functions during that absence.

Signature of Health Care Provider

Sign and date at the bottom of page 4, then return the form to the patient. The same page reprints the DOL definitions of a serious health condition (29 C.F.R. 825.113 to 825.115), including the visit rules for incapacity plus treatment: two in-person visits within 30 days with the first within seven days, or one visit within seven days that starts a regimen of continuing treatment.

Common mistakes

  • Using durations such as 'lifetime', 'unknown' or 'indeterminate', which the form warns may not be sufficient to determine FMLA coverage.
  • Checking a serious health condition category in Part A without giving the matching amount of leave in Part B, which the form requires for every checked box.
  • Leaving required entries blank, which makes the certification incomplete; the employer must then list what is missing and generally allow seven calendar days to cure.
  • Giving vague, unclear or non-responsive answers, which DOL treats as an insufficient certification even when every field has an entry.
  • Including genetic test results, genetic services or family medical history, which the Part A instructions tell providers not to provide.
  • Skipping question 10 or failing to name at least one essential job function the employee cannot perform.

Submitting and payment

How to submit it
Return the signed form to the patient, who gives it to the employer; the form itself says not to send it to the Department of Labor. The employer must allow at least 15 calendar days for the certification to come back.
Who pays
Under DOL rules the employee pays for the initial certification and any recertification, while the employer pays for any second or third opinion it requires, including reasonable travel expenses.

Good to know

  • WH-380-E is optional: employers may use their own form, but they cannot ask for more information than 29 C.F.R. 825.306 to 825.308 allows.
  • If the employer finds the certification incomplete or insufficient, it must state in writing what is missing, and the employee generally gets seven calendar days to fix it.
  • Employers can generally request recertification no more often than every 30 days and only with an absence, but may ask every six months even when a longer duration was certified.
  • The current version is revised June 2020 under OMB control number 1235-0003, which expires 8/31/2029, and the Wage and Hour Division posts a Spanish version beside the English one.

Get the official form

Download the current version from the source each time; forms change without notice.

Certification of Health Care Provider for Employee's Serious Health Condition under the Family and Medical Leave Act

Certificado del proveedor de atención médica para la condición de salud grave de un empleado conforme a la Ley de Ausencia Familiar y Médica

How this list is checked

A form is listed only after its name and number were confirmed on the issuing agency’s or insurer’s own website, or in the form itself. Each entry links to that source. The list was last checked in October 2026. Forms and their requirements change without notice, so check the official page for the current version before you complete one.

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Frequently asked questions

Who can sign Form WH-380-E?

DOL counts doctors of medicine or osteopathy authorized to practice in the state, plus podiatrists, dentists, clinical psychologists, optometrists and chiropractors (with limitations), and nurse practitioners, nurse-midwives, clinical social workers and physician assistants acting within their scope of practice. Christian Science practitioners and any provider the employer or its group health plan accepts for substantiating benefit claims also qualify.

Do I have to put a diagnosis on WH-380-E?

No. The form says the provider may, but is not required to, add other medical facts such as symptoms, diagnosis or a treatment regimen, and it notes that some state or local laws limit disclosure of a diagnosis. Do not include genetic test results, genetic services or the medical history of the employee's family members, which the form excludes.

Is WH-380-E available in Spanish?

Yes. The Wage and Hour Division posts a Spanish version of WH-380-E next to the English fillable PDF on its forms page. Employers must accept a complete and sufficient certification regardless of format, so an employer's own form asking for the same information is equally valid.

Can the employer contact me about a WH-380-E I completed?

Only to authenticate or clarify a complete and sufficient certification, and only through a human resources professional, leave administrator, management official or another health care provider. The employee's direct supervisor may never contact the provider, and the employer cannot request additional information beyond what the certification requires.