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🇺🇸 United States

FMLA Certification (Family Member)

FMLA Leave to Care for a Family Member's Condition

Medium ~20 min EmploymentMedical LeaveFMLAFamily

/ What is this form?

Form WH-380-F is the FMLA certification form used when an employee needs to take leave not for their own medical condition, but to provide care for a family member who has a serious health condition. The FMLA guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family caregiving, and this form provides the medical certification required to invoke that protection.

The definition of 'family member' under federal FMLA is narrower than many people expect: only a spouse, son or daughter (biological, adopted, foster, stepchild, or legal ward), or parent qualifies. In-laws, grandparents, siblings, and extended family do not qualify under federal FMLA — though many states have passed family leave laws with broader definitions (California, New Jersey, Oregon, and others include siblings, grandparents, domestic partners, and in-laws).

The WH-380-F is the companion form to WH-380-E (which certifies the employee's own serious health condition). Both follow the same procedural rules: the employer provides the form within 5 business days, the employee has 15 days to return the completed certification, and the employer may request authentication or a second opinion.

/ Who needs this form?

  • Employees who need time off work to care for a spouse, child, or parent with a serious health condition
  • Workers whose family member is receiving ongoing medical treatment, hospitalization, or rehabilitation
  • People caring for a family member recovering from surgery or major illness
  • Employees whose family member has a chronic serious health condition requiring periodic care
  • Workers whose family member's condition has episodic flare-ups requiring temporary but recurring care

/ What you need before you start

Name of the family member needing care and their relationship to you
Name and contact of the family member's healthcare provider
Your name, employer's name, and your job title
The completed medical sections from the family member's healthcare provider
Description of the care you will provide

/ Step-by-step guide

1 Confirm FMLA Eligibility for Caregiving Leave
FMLA caregiving leave allows eligible employees to take up to 12 weeks of unpaid leave to care for: a spouse, son or daughter, or parent with a serious health condition. Note: in-laws, siblings, grandparents, and other relatives do NOT qualify for standard FMLA (though some states have broader laws). Military caregiver leave (26 weeks) covers additional family members.
2 Notify Employer and Receive the Form
Notify your employer that you need FMLA leave to care for a family member. Your employer provides WH-380-F within 5 business days. Give the form to your family member's healthcare provider. Your employer may contact the healthcare provider only to authenticate the form — not to request additional information.
3 Family Member's Healthcare Provider Completes the Form
The healthcare provider fills in: the date the condition began, a description of the medical facts and how they necessitate care by you, an estimate of the care duration needed, and whether intermittent leave (episodic care) is medically necessary.
4 Return Within 15 Calendar Days
Return the completed form to your employer within 15 calendar days of when you received it. Contact your employer for an extension if you need more time. Failure to return the form can result in denial of leave.
5 Employer May Request Second Opinion
Your employer may request a second medical opinion from a healthcare provider of their choosing, at their expense. A third opinion is possible if the first two disagree, and that third opinion is final and binding.

/ Key fields explained

Field What to enter Common mistake
Relationship to Employee Specify whether the family member is the employee's: Spouse, Son, Daughter, or Parent. Other relationships do not qualify under federal FMLA. Attempting to use WH-380-F for a sibling, in-law, or grandparent — these relationships do not qualify for federal FMLA. Check state laws which may be broader.
Care Needed Describe the care the employee will provide: physical care (bathing, feeding, transportation to appointments), psychological support, medical advocacy, or intermittent monitoring during medical episodes. Vaguely stating 'caring for family member' without specifying the type of care needed — the healthcare provider must describe why the employee's presence is medically necessary.
Duration of Condition and Need for Care Expected duration of the serious health condition and the period during which the employee's care is needed. For intermittent leave: frequency and duration of expected care episodes. Providing a duration that is too short — if care is needed longer than certified, the employee must seek recertification before leave protection continues.

/ Common mistakes to avoid

Using WH-380-F for the employee's own condition — use WH-380-E for your own serious health condition.
Assuming that any sick family member qualifies — FMLA requires a 'serious health condition,' which is a specific legal standard. Minor illnesses don't qualify.
Not coordinating with your employer about intermittent leave schedule — for caregiving leave taken in intermittent blocks, advance notice as soon as practicable is required for foreseeable episodes.
Forgetting that FMLA is unpaid — while FMLA protects your job, the leave itself is unpaid unless your employer has paid leave policies or your state has paid family leave (California, New York, New Jersey, etc.).

/ Frequently asked questions

Can I take FMLA leave to care for my in-laws?

No — federal FMLA does not cover in-laws. You can take FMLA to care for your spouse, child, or parent only. However, several states have expanded FMLA to include in-laws, grandparents, siblings, and domestic partners — check your state's family leave law.

Can both spouses take FMLA simultaneously for the same family member?

If both spouses work for the same employer, FMLA limits their combined leave to 12 weeks for care of the same parent (for example). If they work for different employers, each has their full 12-week entitlement.

What qualifies as a 'serious health condition' for a family member?

Same standard as for the employee's own condition: inpatient care, incapacity plus treatment (3+ consecutive days of incapacity and treatment), chronic serious health conditions, permanent or long-term conditions, or conditions requiring multiple treatments.

Do I need to take FMLA leave all at once, or can I take it a few hours at a time?

FMLA can be taken in blocks (weeks at a time) or intermittently (individual days or even hours at a time), as long as the healthcare provider certifies the need for intermittent leave. Intermittent leave is common for care of family members with chronic conditions.