How to Complete the FMLA Designation Notice (WH-382) Correctly

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for qualifying medical and family reasons. Covered employers are required to approve leave for events such as a serious health condition, the birth or adoption of a child, or certain military-related needs when an employee meets the applicable eligibility and coverage requirements.

When an employee requests FMLA leave, or when the employer becomes aware that an absence may qualify for FMLA coverage, the employer is required to evaluate the situation, determine whether the leave meets the criteria under the law, and provide the appropriate notices prescribed by the Department of Labor. One of these notices is the FMLA Designation Notice, which informs the employee whether their leave qualifies for FMLA protection and, if so, outlines the terms that apply.

What Is an FMLA Designation Notice?

The FMLA Designation Notice (Form WH-382) is the written notice employers use to inform an employee whether their requested leave will be treated as protected under the Family and Medical Leave Act. When a leave is designated as FMLA-protected, the employee is entitled to job restoration, continued group health benefits, and protection from interference or retaliation during the leave period. The Department of Labor requires employers to issue this notice once they have gathered enough information to determine whether a requested leave qualifies for FMLA coverage.

Employers may use the Department’s standard form or develop their own version, as long as it includes all required information:

Confirms whether the requested leave qualifies for FMLA protection
States whether the leave will be unpaid or if the employee is entitled to accrued paid leave
Indicates whether a fitness-for-duty certification will be required before the employee returns to work
Specifies how much of the employee’s 12-week FMLA leave entitlement will be used
Clarifies whether the leave is being designated now or if the employer needs additional information before making a determination

What’s at Stake When the Designation Process Is Mishandled

FMLA regulations require employers to issue timely and complete designation notices once they have enough information to determine whether a leave qualifies. Failing to follow this process, or completing it inconsistently, can result in serious consequences for the employer, especially if the employee later challenges how the leave was handled.

Employers who skip or mishandle the designation process risk:

Losing the ability to count the absence against the employee’s 12-week FMLA entitlement, which may result in the employee taking more time off than expected
Facing reinstatement disputes if the employee returns and claims they were never properly notified that their leave was covered
Being accused of interfering with FMLA rights, which can lead to legal claims and back pay, especially if benefits were discontinued or job restoration was denied
Creating inconsistent records that make it harder to show compliance during a Department of Labor investigation or internal audit
Failing to require fitness-for-duty certification in advance, which may make it harder to prevent an unfit employee from returning to a safety-sensitive role

Accurate designation helps the employer set clear expectations, track protected leave correctly, and reduce the risk of confusion, conflict, or liability later.

How the FMLA Designation Notice Protects Employers and Supports Compliance

Employers who complete and issue the FMLA Designation Notice correctly are better positioned to defend their leave decisions, avoid compliance errors, and reduce the risk of miscommunication with employees. The notice serves as written proof that the employer responded to a qualifying leave request within the timeframe required by law. It also documents key terms of the leave, which helps limit disputes about whether FMLA protections apply or whether certain requirements were communicated in advance.

A properly completed designation notice helps employers:

Establish that the employee was informed in writing whether their leave would be treated as FMLA-protected
Document that the employee received notice about whether the leave would be unpaid and if accrued paid leave would be applied
Provide written confirmation of any requirements tied to the employee’s return, such as a fitness-for-duty certification
Reduce the likelihood of disputes about FMLA rights, such as job reinstatement or continued health benefits during the leave
Demonstrate that the employer followed FMLA procedures, which can help during investigations by the Department of Labor or in response to a complaint

Practical Best Practices for Employers

Employers have to complete and issue the FMLA Designation Notice according to federal requirements. Employers who follow consistent procedures can more effectively track leave usage, apply certification conditions, and maintain documentation that supports their decisions.

Assign responsibility to a specific person or team: Designate who is in charge of completing and issuing FMLA notices. Centralizing this task helps prevent missed deadlines or incomplete forms.

Use a trackable delivery method: When sending the notice, use email with a read receipt or a secure system that records when the employee accessed the form. A verifiable delivery method creates a record that shows when the notice was sent and received.

Retain all completed forms and supporting records: Keep copies of each designation notice in each employee’s personnel file, along with medical certifications, time records, and any related correspondence.

Review all form sections before issuing: Make sure the form includes accurate information about paid leave, entitlement usage, return-to-work conditions, and contact information.

Include all required fields if using a custom version of the form: If your organization uses an internal document instead of Form WH-382, confirm that it meets all FMLA notice requirements.

Check for overlapping state or local leave rules: In some jurisdictions, employers are required to issue additional notices or follow different timelines. Verify what is required based on the employee’s location.

Mistakes Employers Should Avoid When Issuing the Designation Notice

Late or incomplete designation notices increase the risk of noncompliance and make it harder for the employee to understand their leave status.

The mistakes below are common and avoidable:

Missing the Five-Business-Day Deadline

Employers are required to issue a designation notice within five business days of determining whether a leave qualifies. If the notice is issued late, the employer may lose the ability to track entitlement accurately, defend its decision in a dispute, or respond effectively to claims of FMLA interference.

Failing to Issue a Notice When the Leave is Not FMLA-Protected

If a leave does not qualify, the employer still needs to issue a completed form indicating that it is not designated as FMLA leave. Silence can be interpreted as approval.

Leaving Required Sections Blank

Omitting information about paid leave, entitlement usage, or return-to-work requirements may limit the employer’s ability to enforce those conditions later.

Using Unclear Or Incomplete Descriptions

Employers should avoid vague terms like “pending” or “undecided” without further explanation. Instead, they should provide a specific action item or deadline when more information is needed.

Failing To Keep A Copy Of The Completed Form

Without documentation, the employer may be unable to show that the notice was issued, even if it was provided verbally or by email.

Special Situations Employers Need to Know About

Some FMLA leave requests are subject to additional rules or exceptions that require adjustments when completing the Designation Notice. Employers should be familiar with these scenarios to avoid errors and complete the form correctly.

Situations that require extra attention include:

Intermittent or reduced schedule leave: When an employee takes FMLA leave in blocks or on a part-time basis, the employer should document how the time will be tracked and counted against the 12-week entitlement. The Designation Notice should explain whether updated time records or periodic certifications will be required.
Military caregiver leave: Employees may be entitled to up to 26 weeks of leave to care for a covered servicemember. The Designation Notice should reflect the extended leave period and reference any specific documentation submitted to support the request.
Qualifying exigency leave: When the leave request is related to a military deployment, the employer should confirm that the reason meets the definition of a qualifying exigency and note any required proof, such as active duty orders.
Key employees: Certain salaried employees who are among the highest paid 10 percent of the employer’s workforce within 75 miles of the worksite may be classified as “key employees” under the FMLA. If restoring the employee to their position would cause substantial and serious economic injury to the business, the employer may deny reinstatement after giving proper notice. In these cases, the Designation Notice should state that the employee qualifies as a key employee, describe the potential impact of reinstatement, and explain that job restoration may not be guaranteed.
Coordination with state leave laws: In states that provide additional leave protections, employers may need to issue separate notices or track overlapping entitlements. The FMLA Designation Notice does not replace any state-required documentation and should be used in conjunction with local requirements.

How to Complete Form WH-382: Step-by-Step Instructions

Each field on Form WH-382 (the Designation Notice form) corresponds to a specific compliance requirement under the Family and Medical Leave Act. Below is a step-by-step explanation of how to complete each section of the form, including what information is required, how to avoid common mistakes, and how each part ties back to the employer’s FMLA obligations.

Step 1 — Fill in the Employee and Leave Details

The top portion of the form asks for basic identifying information about the employee and the leave request. Completing this section also helps confirm that the employer met the five-business-day deadline for issuing the designation notice.

Enter the employee’s full name, job title, and the department or location where they work
Include the date the employee submitted their leave request, if available
Add the date you are issuing the designation notice (this is used to track compliance with the 5-business-day deadline)
List the anticipated start and end dates of the leave, even if those dates may later change based on medical documentation or scheduling needs

Step 2 — Confirm FMLA Qualification and Approval Status

One section of Form WH-382 documents whether the requested leave qualifies under the Family and Medical Leave Act and will thus be designated as FMLA-protected. Employers are required to make this determination based on the information available and issue the notice within five business days of having enough details to evaluate the request.

Employers should use this section to document the outcome of the leave request and to explain what the employee can expect going forward:

If the leave qualifies, check the box indicating that it will be designated as FMLA-protected and count toward the employee’s 12-week entitlement
If the leave does not qualify, check the box indicating that it will not be designated as FMLA-protected and include a brief explanation—for example, the employee is not eligible, the reason for leave is not FMLA-qualifying, or the employee has exhausted their available leave
If additional documentation is still needed to make a decision, describe what is missing and provide a deadline for the employee to submit it

Employers are required to issue the form within five business days of receiving enough information to determine whether the employee’s leave qualifies. They should keep a copy of the completed form and all related correspondence in the employee’s personnel file.

Step 3 — Indicate Leave Amount Counted Against Entitlement

Form WH-382 requires employers to state how much of the employee’s 12-week FMLA entitlement will be counted against their available leave balance. Clarifying the amount at this stage helps prevent misunderstandings about how much FMLA time the employee has used and how much remains available for future requests.

Employers should use this section to communicate the leave amount in clear, specific terms:

If the duration of leave is known, specify the number of workdays, weeks, or hours that will be counted
For intermittent or reduced schedule leave, describe how the time will be tracked and deducted from the 12-week total
If the exact amount cannot yet be determined, include a statement that the employee may request an update, but no more than once every 30 days

Employers should use precise language to explain the leave duration or tracking method—general references to "ongoing" or "to be determined" may cause confusion. Employers should also keep records that show how entitlement calculations were made, particularly for partial-day or intermittent absences.

Step 4 — Handle Use of Paid Leave During FMLA

Employers have the option to require employees to use accrued paid leave—such as vacation, sick time, or personal days—during an FMLA-covered absence. The Designation Notice form includes a section where the employer is required to explain how paid and unpaid time will be applied based on internal policies.

Employers should use this section to provide a clear summary of how the employee’s time off will be treated under both FMLA and the employer’s leave policies:

Indicate whether the leave will be unpaid or whether the employee is required to use available paid leave during the absence
Specify which types of paid leave will apply and clarify whether the employee has any flexibility in the type or sequence of leave used
Review the employer’s written leave policies before requiring substitution—FMLA regulations only permit substitution when it aligns with those policies
Apply the same paid leave rules consistently across employees who take FMLA leave to avoid unequal treatment
Maintain records showing how paid leave was applied, including any leave balances referenced in the Designation Notice

Step 5 — Address Medical Certification and Fitness-for-Duty Requirements

Form WH-382 includes a section for documenting whether the employee has submitted a complete medical certification and whether a fitness-for-duty certification will be required before the employee can return to work.

Employers should use this section to clarify the employee’s certification obligations:

If the employee has not submitted a medical certification, explain what is required and specify the deadline for submitting it
If the employee submitted a certification that is incomplete or unclear, describe the specific information that is missing or needs clarification
If a fitness-for-duty certification will be required to return to work, check the box and attach a list of the employee’s essential job functions, if applicable
Notify the employee about the fitness-for-duty requirement before the leave begins—FMLA rules do not permit employers to impose this condition after the leave has started
Retain all documentation related to certification requests, clarifications, and deadlines in the employee’s file

Step 6 — Finalize the Designation and Provide Contact Information

The last section of Form WH-382 is where the employer confirms that the form is complete and tells the employee who to contact with questions about their leave. At this step, employers should:

Sign and date the form to document that the notice has been issued
Enter the name, title, phone number, and email of the person responsible for managing FMLA leave
Choose a contact who understands the employee’s leave status and can respond to questions about entitlement, documentation, or return-to-work conditions
Give the employee a copy of the completed form and retain a copy in the personnel file for future reference

Frequently Asked Questions (FAQ) About the FMLA Designation Notice

Do employers have to use the Department of Labor’s version of the designation form?

No. Employers are not required to use Form WH-382, but they are required to provide written notice that includes all required elements. A custom form may be used as long as it communicates whether the leave qualifies as FMLA-protected and addresses all key items, such as paid leave substitution, entitlement usage, and fitness-for-duty certification.

What happens if the employee never submits the requested medical certification?

If the employee fails to submit a complete and sufficient certification by the deadline, the employer may deny FMLA coverage for the leave. The designation notice should document that the leave is not approved and state the reason clearly.

Can the employer change the designation after the form has been issued?

Yes, if new information becomes available that changes the determination—such as a revised medical certification—the employer may issue an updated designation notice. The new form should clearly explain what has changed and why.

Can an employee decline to have their leave designated as FMLA leave?

No. Once the employer determines that the leave qualifies under the FMLA, the employer is required to designate it as such. An employee may not refuse FMLA designation to preserve their leave entitlement for a future absence.

Do employers need to issue a new designation notice each time intermittent leave is used?

Not necessarily. If the intermittent leave is based on a single qualifying reason that has already been designated, and the terms have not changed, a new notice is not required. However, any change in frequency, duration, or conditions may require a new designation.

If your company needs help reviewing FMLA policies, responding to employee leave requests, or ensuring your designation notices meet federal requirements, Conn Maciel Carey’s national Labor & Employment Group can help. Call (202) 715-6244 or contact us online to schedule a consultation.

Downloadable Resources for Employers

Employers managing FMLA requests should use the most current version of Form WH-382 to comply with federal notice requirements. The U.S. Department of Labor publishes this form online, along with related notices and templates that employers use to meet FMLA notification and documentation requirements.

The following official resources are available for download:

Form WH-382: Designation Notice — the official form used to notify an employee whether their leave qualifies as FMLA-protected
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-382.pdf

Form WH-381: Notice of Eligibility and Rights & Responsibilities — issued before the designation notice to explain eligibility status and what documentation is required
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-381.pdf

The Employer’s Guide to the Family and Medical Leave Act — a detailed compliance resource published by the U.S. Department of Labor
https://www.dol.gov/sites/dolgov/files/WHD/fmla/employerguide.pdf

General FMLA Fact Sheet (Fact Sheet #28) — a one-page reference that outlines employee rights and employer obligations under the FMLA
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.