Return the certification
The WH-380-E form is the pivot point. If your provider fills it out correctly, your leave is approved. If it is vague or contradictory, HR can deny it.
You have at least 15 calendar days
From the date HR gives you the form, federal regulations give you at least 15 calendar days to return it (longer if you cannot get a provider appointment in time, which is common). Ask for an extension in writing if you need one. Do not rush a bad certification just to beat a deadline.
The fields that decide approval or denial
Question 1 asks when the condition began and how long it will last. Question 2 asks whether you are incapacitated. Question 3 is about the duties you cannot perform. Question 4 is about intermittent patterns, if applicable. Thin or internally inconsistent answers are the single biggest reason FMLA requests get denied.
If HR says the certification is insufficient
They must tell you in writing exactly what is missing, and give you seven calendar days to cure it. They cannot just reject the whole form. If they do, that is a procedural violation. Ask them to specify in writing what they need.
Do these before moving on
- 1
Review the form before submitting
Does it say continuous or intermittent? Does the duration match what you discussed? Is the functional impact specific?
- 2
Keep a dated copy of everything you submit
Email yourself a PDF the moment you send it.
- 3
Read: How to appeal a denied FMLA request
If the first submission is rejected, you have seven days to cure.
For survivors of childhood trauma
Protect therapy notes
WH-380-E does not ask for your therapy session notes and neither does HR. If anyone demands them, cite 45 CFR 164.508(a)(2), which gives psychotherapy notes special protection under HIPAA even when other records are released.
Read: Protecting Sensitive Medical InformationA functional-impact letter from your therapist is often the better path
Instead of releasing your record to a TPA, ask your provider to write a short, free-standing letter describing what job duties you cannot currently perform and how long the restriction is expected to last. Paired with a completed WH-380-E, this is accepted in lieu of further records by most employers and TPAs.
Read: When an employer asks for your mental health records