FMLA forms

[danb]

Hi, Does anyone have any idea where I can get Forms for FMLA (Family Leave Act) that are printed in Chinese? Found some explanation on the net about FLMA but no forms in Chinese. Greatly appreciate any help. Danb

 

The English version form # is WH380-F

[Randy W]

Section II is the only part needing to be filled in by the employee - do you need Section III translated into Chinese for the Health Care Provider?

 

Fact Sheet #28G: Certification of a Serious Health Condition under the Family and Medical Leave Act

FOREIGN MEDICAL CERTIFICATION
If the employee or the employee’s family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification, as well as second and third opinions, from a health care provider who practices in that country. If a medical certification by a foreign health care provider is not in English, the employer may require the employee to provide a written translation of the certification.

 

 

It seems like the burden of translation and filling out the forms would be on the employee.

 

I'm sure you're aware of this page from the Dept. of Labor - Family and Medical Leave Act

[danb]

Hi Randy, Thanks for the reply. I am looking for section III of form WH-380-F which the medical practitioner is supposed to fill out. I read that section. It is not cut and dry what they want. Trying to explain it to a Chinese doctor would not be easy for me. I thought if it was in Chinese it would be a lot easier. Once done,the document could be translated back into English. That section that you quote is interesting:

 

"FOREIGN MEDICAL CERTIFICATION

If the employee or the employee’s family member is visiting another country, or a family member resides in

another country, and a serious health condition develops, the employer must accept a medical certification, as

well as second and third opinions, from a health care provider who practices in that country. If a medical

certification by a foreign health care provider is not in English, the employer may require the employee to

provide a written translation of the certification."

I wasn't sure if US employer had to given FMLA time for sicknesses cases that occurred oversea.

I tried searching for that form, Chinese versions of that form, images, etc but so far haven't had any luck. I wonder if any Chinatown organizations in the US would have translated forms. It would be helpful. Thanks again. Danb

[Randy W]

It seems that the information required from the health care provider is discretionary on the part of the employer - that is, that the Form WH-380F is optional. Does her employer REQUIRE this form? You may need to set your sights a little lower as to what you can expect from the foreign health care provider - they can not be expected to understand or comply with American regulations.

This is an example from one form that I found - it can be easily translated, I would think

ITEM 14 TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY

LEAVE.***IT IS TO BE PROVIDED TO THE HEALTH CARE PROVIDER UNDER SEPARATE COVER.

 

14. When family care leave is needed to care for a seriously ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

 

15. Type of Practice (field of specialization, if any):________________________

 

16. Print Name:_______________________________________________________

Address:__________________________________________________________

City, State, ZIP____________________________________________________

 

1. Signature of Physicians or

Practitioner:_______________________________________________________

License Number:__________________________________________________

Date:____­­­­­­­_________________________________________________________

 

 

 

From the City of New York - the requirement for supporting documentation seems fairly simple - http://schools.nyc.gov/Offices/DHR/HealthBenefitsLeavesAbsence/FMLA/default.htm

Care of a seriously ill family member - Certification from a health care provider of the employee's family member's serious health condition.

Eligible family members include:

• Spouse
• Domestic partner
• Child
• Parent

 

 

From the Form WH-380F itself

 

INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave to care for a covered family member with a serious health condition to submit a medical certification issued by the health care provider of the covered family member. Please complete Section I before giving this form to your employee. Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees’ family members, created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 C.F.R. § 1630.14©(1), if the Americans with Disabilities Act applies.

 

 

 

So if you are unable to locate the Chinese translation you're looking for, you may wish to work with her HR department as to what they will require. Hopefully, a simple "Certification from a health care provider of the employee's family member's serious health condition" will suffice, along with your own translation.

[danb]

The company asked that the WH-380-F be filled out and returned to them. Not sure how flexible they will be. They are the ones that suggested we go this route. Just a leave of absence would have worked for us. I guess we will have to wait and see. Thanks again. Danb