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Wh-382 Form: What You Should Know
The instructions for the family medical leave form state: “This form must include the following information for a request to take FMLA leave. If any of the information is incorrect, the employer must explain why this was not correct.” A copy of the completed form is provided if the employer doesn't make any changes to the final form in accordance with 29 C.F.R. §§ 825.301 (a) and 825.302. WH-382 — Family Medical Leave, Employer's Duty to Provide. If the employer changes any information provided in the final form by completing any section of the form, the employer must notify the employee by means of a notice addressed to them within 14 days after the changes are made and provide them with a copy of the corrected form if different from the original. (b) and 825.305. WH-382 — Request for Family Medical Leave, Employer's Duty to Disclose. If an employer changes any information provided in the final form by completing any section of the form, the employer must forward the corrected form to the Department of Labor within 30 days after the changes are made and provide the employee a copy if different from the original. If the initial version provides less information than the corrected version, the employer may provide the corrected version when the employee first seeks FMLA leave and then again when they seek to take FMLA leave. (c) and 825.3045. WH-382 — Requests for Family Medical Leave, Additional Disclosure Requirement. If an employer makes any changes to the information provided in the final form by completing any section of the form, the employer must provide the employee with a notice addressed to them within 14 days after those changes are made and provide them with all the same information and documentation they received under subparts B or C of this part. This includes, but is not limited to, the form or final form and any notice of approval for parental leave required under subpart C of this part. If the employer does not change the form prior to the time that an employee takes leave under this part for a Pre-qualifying reason, the employer is not required to provide the employee with the original Form WH-382 or a copy of any other documentation, unless the employee provides it to the employer with the request. (d) and 825.
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