WH-381 vs WH-382: FMLA Notice Requirements Guide (2026)

Executive Overview: Navigating Mandatory FMLA Employer Notices

Under federal FMLA regulations (29 CFR § 825.300), employers are required to issue two primary written notices whenever an employee requests leave or when HR learns of a potential FMLA-qualifying absence. Form WH-381 (Notice of Eligibility and Rights & Responsibilities) and Form WH-382 (Designation Notice) serve completely distinct statutory purposes in the leave lifecycle.

Confusing Form WH-381 with WH-382 or failing to adhere to the 5-business-day issuance rule is one of the leading causes of DOL FMLA interference complaints. This guide breaks down exact statutory differences, field-by-field HR completion examples, issuance timelines, and mandatory attachments.

📌 Official DOL Notice PDF Downloads: Direct downloads: Access official Form WH-381 PDF (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-381.pdf) and official Form WH-382 PDF (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-382.pdf) directly from the U.S. Department of Labor.

Compliance Factor	Form WH-381 (Notice of Eligibility)	Form WH-382 (Designation Notice)
Primary Statutory Purpose	Informs employee if they meet basic statutory eligibility (12 mos / 1,250 hrs / 50 employees).	Informs employee whether the requested leave is officially designated and counted as FMLA leave.
Issuance Trigger	Issued within 5 business days after employee requests leave or HR learns of qualifying absence.	Issued within 5 business days after HR receives complete medical certification (WH-380).
Mandatory Attachments	Medical Certification (WH-380-E or WH-380-F) & Rights/Responsibilities summary.	Fitness-for-Duty requirement notice and job description (if return clearance required).
Legal Protection Status	Does NOT approve FMLA leave; strictly confirms statutory eligibility.	OFFICIALLY APPROVES, DENIES, or requests additional information for FMLA leave.
Intermittent Substitution	Outlines paid leave substitution rules (PTO/Sick leave policies).	Specifies exact hours deducted and fitness for duty requirements per episode.

Form WH-381 Field	HR Verification Entry Example	Statutory Rule & Compliance Audit Notes
12 Months Service Check	✅ Employee has met the 12-month tenure requirement.	Must have worked for employer for at least 12 months (need not be consecutive).
1,250 Work Hours Check	✅ Employee has worked 1,320 hours in preceding 12 months.	Must have actual worked hours (PTO/holiday hours do not count toward 1,250 threshold).
50/75 Employee Radius Check	✅ Employee works at location with 50+ staff within 75 miles.	Includes remote employees mapped to their designated reporting office.
Certification Required	✅ Attached Form WH-380-E (Employee Medical Certification).	Must specify which certification form is required and grant 15 calendar days to return.
Paid Leave Substitution	✅ Paid PTO will be substituted for unpaid FMLA leave per policy.	HR must inform employee if company policy requires substituting accrued paid leave.

Form WH-382 Field	HR Designation Entry Example	Statutory Rule & Compliance Audit Notes
Designation Status	✅ Leave is APPROVED and designated as FMLA leave.	Must check Approved, Incomplete (with 7-day cure notice), or Denied.
Hours Counted Against Cap	480 total hours (12 workweeks based on 40 hr/week schedule).	HR must state exact hours, days, or weeks counted against 12-week entitlement.
Fitness-for-Duty Requirement	✅ Fitness-for-Duty Certificate REQUIRED prior to return.	MUST be checked on WH-382 at initial designation to legally enforce return clearance.
Essential Job Duties Notice	✅ Attached written job description for physical clearance.	If fitness-for-duty requires clearance on essential functions, job description MUST be attached.

WH-381 vs WH-382: FMLA Notice Requirements & HR Compliance Guide (2026)

Executive Overview: Navigating Mandatory FMLA Employer Notices

Statutory Side-by-Side Comparison: WH-381 vs. WH-382

Sources and review notes

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