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Form WH-382: Designation Notice (FMLA)
Official employer designation of whether leave qualifies as FMLA leave. Employers must provide this within 5 business days of having enough information to determine if the leave qualifies.
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DOL Form WH-382 - Designation Notice (FMLA)
Official employer designation of whether leave qualifies as FMLA leave. Employers must provide this within 5 business days of having enough information to determine if the leave qualifies.
Risk Radar
Scan points- 1Employer not providing notice within 5 business days — may lose ability to retroactively designate leave as FMLA.
- 2Employee not tracking FMLA hours used — important to know remaining FMLA time.
- 3Employer failing to note fitness-for-duty requirement — must inform employee before leave ends.
Plain English
This form tells you whether your leave has been officially approved as FMLA leave and counts toward your 12-week annual entitlement.
Submission Date
- Filing date: Employer must provide within 5 business days of having sufficient information to determine FMLA qualification.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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Field map
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Employee Info
1 items
Employee's name.
Designation
2 items
Whether the leave is designated as FMLA qualifying.
If not designated, the reason.
Leave Amount
1 items
How much leave (continuous or intermittent) is designated.
Return
1 items
Whether a fitness-for-duty certification is required before returning.
Signature
1 items
Authorized HR or employer representative signature.
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Questions about DOL Form WH-382
What is DOL Form WH-382 used for?
This form tells you whether your leave has been officially approved as FMLA leave and counts toward your 12-week annual entitlement.
Who must file DOL Form WH-382?
Completed by employers and given to employees after determining FMLA qualification.
What information does DOL Form WH-382 require?
An official designation notice that tells employees whether their leave counts as FMLA leave.
When is DOL Form WH-382 due?
Employer must provide within 5 business days of having sufficient information to determine FMLA qualification.
Where do I file DOL Form WH-382?
Employer provides to employee.
How do I complete DOL Form WH-382?
Employer completes the designation decision and any conditions (e.g., fitness-for-duty certification required upon return).
What happens if DOL Form WH-382 is filed incorrectly?
Without this designation, leave may not count against FMLA entitlement even if qualifying.
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