WH-384 Instructions: FMLA Military Exigency Leave Guide (2026)

Department of Labor (DOL) Form WH-384 is the official certification form used when an eligible employee requests FMLA leave due to a 'qualifying exigency' arising from a covered family member's active duty or call to covered active duty status in the U.S. Armed Forces (including National Guard and Reserves).

Qualifying exigency leave grants employees up to 12 workweeks of unpaid, job-protected leave per 12-month period for non-medical logistical, legal, financial, and family needs caused by a military deployment (29 CFR § 825.126).

📌 Download Official DOL Form WH-384 PDF: Download official Form WH-384 PDF directly from DOL.gov (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-384.pdf) or visit our 2026 FMLA Certification Download Center (https://aisolohr.com/blog/fmla-certification-form-download).

Military Leave Scenario	Correct Form to Issue	Entitlement & Statutory Scope
Non-medical logistical needs (short-notice deployment, legal, childcare, R&R)	Form WH-384	Up to 12 workweeks per 12-month period (Shares standard 12-week FMLA cap).
Medical care for active duty service member injured in line of duty	Form WH-385	Up to 26 workweeks in a single 12-month period (Special caregiver cap).
Medical care for a veteran discharged within 5 years	Form WH-385-V	Up to 26 workweeks in a single 12-month period (Veteran caregiver cap).

Exigency Category	Statutory Rule & Max Allowance	Real-World HR Compliance Example
1. Short-Notice Deployment	Up to 7 calendar days beginning on notification date.	Employee needs leave to arrange emergency affairs when spouse receives call to duty on 5 days notice.
2. Military Events & Related Activities	Official military briefings, ceremonies, or family support programs.	Attending official mandatory pre-deployment departure ceremonies or military family readiness meetings.
3. Childcare & School Activities	Arrange urgent childcare or attend school meetings due to deployment.	Arranging new daycare enrollment or attending school meetings necessitated by military deployment.
4. Financial & Legal Arrangements	Execute legal/financial affairs for deployed member.	Meeting with estate planning attorneys to update wills, power of attorney, or joint bank accounts.
5. Counseling	Non-medical counseling provided by non-healthcare providers.	Attending military chaplain or family support counseling sessions arising from deployment.
6. Rest & Recuperation (R&R)	Up to 15 calendar days per instance of official R&R leave.	Employee takes 15 days off to spend with deployed spouse home on official R&R military leave.
7. Post-Deployment Activities	Up to 90 days following termination of active duty.	Attending official arrival ceremonies, reintegration briefings, or funeral services.
8. Additional Activities	Agreed upon by employer and employee.	Other non-medical events arising from active duty where HR and employee agree on coverage and timing.

WH-384 Section	Responsible Party	Required Entries & Legal Audit Rules
Section I: Employer Information	HR Representative	Fill company name, employee name, job title, and standard baseline schedule.
Section II: Employee & Covered Military Member	Employee	State name of covered military member, relationship (spouse, child, parent), and active duty status.
Section III: Active Duty Orders / Documentation	Employee / HR Audit	Attach active duty orders, deployment letters, or official Armed Forces documentation.
Section IV: Qualifying Exigency Reason & Schedule	Employee	Specify qualifying reason (from the 8 categories), estimated dates, and meeting verification if applicable.

Exigency Reason	❌ Bad Entry (Deficient / Non-Qualifying)	✅ Good Entry (Legally Sufficient & Verifiable)
Short-Notice Deployment	Employee needs time off for military stuff.	Need 5 days leave to assist spouse deployed on 5 calendar days short-notice (Deployment Date: July 10; Orders attached).
Rest & Recuperation (R&R)	Taking leave while spouse is home.	Taking 15 calendar days R&R leave while covered service member is on official military R&R leave (Attach R&R order copy).
Financial & Legal Arrangements	Need to do paperwork.	Attending military legal briefing to update power of attorney and military execution of will on July 14.

Statutory Decision Table: Form WH-384 (Exigency) vs. WH-385 (Caregiver)

Sources and review notes

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Military Leave Scenario

Correct Form to Issue

Entitlement & Statutory Scope

The 8 Statutory Qualifying Exigency Categories Under FMLA

Exigency Category

Statutory Rule & Max Allowance

Real-World HR Compliance Example

1. Short-Notice Deployment

2. Military Events & Related Activities

3. Childcare & School Activities

4. Financial & Legal Arrangements

5. Counseling

6. Rest & Recuperation (R&R)

7. Post-Deployment Activities

8. Additional Activities

Section-by-Section WH-384 Employer Completion Breakdown

WH-384 Section

Responsible Party

Required Entries & Legal Audit Rules

Bad vs. Good WH-384 Exigency Certification Examples

Exigency Reason

❌ Bad Entry (Deficient / Non-Qualifying)

✅ Good Entry (Legally Sufficient & Verifiable)

Real-World HR Case Example: Short-Notice Military Exigency

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