(a) Active Duty Orders. The first time an employee requests leave
because of a qualifying exigency arising out of the active duty or call
to active duty status of a covered military member (as defined in Sec.
825.126(b)(2)), an employer may require the employee to provide a copy
of the covered military member's active duty orders or other
documentation issued by the military which indicates that the covered
military member is on active duty or call to active duty status in
support of a contingency operation, and the dates of the covered
military member's active duty service. This information need only be
provided to the employer once. A copy of new active duty orders or
other documentation issued by the military shall be provided to the
employer if the need for leave because of a qualifying exigency arises
out of a different active duty or call to active duty status of the
same or a different covered military member;
(b) Required information. An employer may require that leave for
any qualifying exigency specified in Sec. 825.126 be supported by a
certification from the employee that sets forth the following
information:
(1) A statement or description, signed by the employee, of
appropriate facts regarding the qualifying exigency for which FMLA
leave is requested. The facts must be sufficient to support the need
for leave. Such facts should include information on the type of
qualifying exigency for which leave is requested and any available
written documentation which supports the request for leave; such
documentation, for example, may include a copy of a meeting
announcement for informational briefings sponsored by the military, a
document confirming an appointment with a counselor or school official,
or a copy of a bill for services for the handling of legal or financial
affairs;
(2) The approximate date on which the qualifying exigency commenced
or will commence;
(3) If an employee requests leave because of a qualifying exigency
for a single, continuous period of time, the beginning and end dates
for such absence;
(4) If an employee requests leave because of a qualifying exigency
on an intermittent or reduced schedule basis, an estimate of the
frequency and duration of the qualifying exigency; and
(5) If the qualifying exigency involves meeting with a third party,
appropriate contact information for the individual or entity with whom
the employee is meeting (such as the name, title, organization,
address, telephone number, fax number, and e-mail address) and a brief
description of the purpose of the meeting.
(c) DOL has developed an optional form (Form WH-384) for employees'
use in obtaining a certification that meets FMLA's certification requirements.
(See Appendix G to this Part 825.) This optional form reflects certification
requirements so as to permit the employee to furnish appropriate information
to support his or her request for leave because of a qualifying exigency.
Form WH-384, or another form containing the same basic information, may
be used by the employer; however, no information may be required beyond
that specified in this section.
(d) Verification. If an employee submits a complete and sufficient
certification to support his or her request for leave because of a
qualifying exigency, the employer may not request additional
information from the employee. However, if the qualifying exigency
involves meeting with a third party, the employer may contact the
individual or entity with whom the employee is meeting for purposes of
verifying a meeting or appointment schedule and the nature of the
meeting between the employee and the specified individual or entity.
The employee's permission is not required in order to verify meetings
or appointments with third parties, but no additional information may
be requested by the employer. An employer also may contact an
appropriate unit of the Department of Defense to request verification
that a covered military member is on active duty or call to active duty
status; no additional information may be requested and the employee's
permission is not required.
[73 FR 68103, Nov. 17, 2008]
