WH-385 Instructions: Military Caregiver FMLA Guide (2026)

Department of Labor (DOL) Form WH-385 is the official medical certification form used when an eligible employee requests FMLA leave to care for a covered active duty service member with a serious injury or illness incurred or aggravated in the line of duty.

Military caregiver leave grants eligible family members up to 26 workweeks of unpaid, job-protected leave in a 'single 12-month period'. This is the largest individual leave entitlement provided under federal labor law (29 CFR § 825.127).

📌 Download Official DOL Form WH-385 PDF: Download official Form WH-385 PDF directly from DOL.gov (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-385.pdf) or visit our FMLA Form Download Center (https://aisolohr.com/blog/fmla-certification-form-download).

Leave Scenario / Military Status	Correct Form to Issue	Key Statutory Window
Service Member is currently on Active Duty (Armed Forces / Guard / Reserves)	Form WH-385	Active Duty status (incurred or aggravated in line of duty)
Service Member is a Veteran discharged within 5 years	Form WH-385-V	Must be discharged under honorable conditions within 5-year window

Form Section	Responsible Party	Required Entry Format & Audit Rules
Section I: Employer Information	HR Representative	Fill company name, employee full name, job title, and standard weekly work schedule.
Section II: Employee & Covered Service Member	Employee	State service member name, active military branch, rank, and relationship (Spouse, Child, Parent, Next of Kin).
Section III: Active Duty Military Status	Employee / HR Audit	Verify Armed Forces active status (Active Duty, National Guard, or Reserves called to active duty).
Section IV: DOD Healthcare Provider Certification	DOD / VA / TRICARE MD	Provider details line-of-duty serious injury/illness, treatment schedule, and care duration (up to 26 weeks).

Audit Element	❌ Bad Entry (Legally Deficient / Incomplete)	✅ Good Entry (Legally Sufficient & Defensible)
Line-of-Duty Injury Proof	Service member injured during leave.	Service member suffered traumatic brain injury (TBI) and blast injury in line of duty during active deployment.
Care Duration Estimate	Employee needs indefinite time off.	Full-time caregiver assistance required from Oct 1, 2026 to March 31, 2027 (26 workweeks total).
Intermittent Care Schedule	Leave needed as needed for medical visits.	Intermittent leave required for VA therapy appointments 2 days per week, 4 hours per day for 12 weeks.

WH-385 Instructions: FMLA Military Caregiver Leave Certification Guide (2026)

Statutory Decision Table: Form WH-385 vs. Form WH-385-V

Sources and review notes

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Leave Scenario / Military Status

Correct Form to Issue

Key Statutory Window

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Form Section

Responsible Party

Required Entry Format & Audit Rules

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1. Blood relatives granted legal custody by court decree.

2. Siblings (brothers and sisters).

3. Grandparents.

4. Aunts and Uncles.

5. First Cousins.

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Audit Element

❌ Bad Entry (Legally Deficient / Incomplete)

✅ Good Entry (Legally Sufficient & Defensible)

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