WH-385 Instructions: FMLA Military Caregiver Leave Certification Guide (2026)
A section-by-section HR guide to completing DOL Form WH-385 for active duty military caregiver leave. Master 26 workweeks entitlement, Next of Kin relationship rules, DOD medical certifications, and real-world case examples.
For U.S. employers and small-business HR teams.
Verified by AI SoloHR Compliance & Editorial Team (U.S. Employment Law & Regulatory Compliance Research Group)
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).
Statutory Decision Table: Form WH-385 vs. Form WH-385-V
HR administrators must determine whether the military member is currently on active duty or a veteran to issue the correct certification form:
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 |
Section-by-Section WH-385 Employer Completion Breakdown
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). |
Understanding 'Next of Kin' Relationship Eligibility
Under FMLA military caregiver provisions, leave is extended beyond immediate family to include 'Next of Kin'. If a service member has not designated a specific blood relative in writing for FMLA purposes, 'Next of Kin' follows this strict statutory order of priority:
1. Blood relatives granted legal custody by court decree.
2. Siblings (brothers and sisters).
3. Grandparents.
4. Aunts and Uncles.
5. First Cousins.
Bad vs. Good WH-385 Certification Examples
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. |
Real-World Case Example: 26-Week Military Caregiver Tracking
Scenario: Sarah, a Senior Accountant working 40 hours/week, requests FMLA leave to care for her active-duty husband who suffered a combat-related TBI. HR issues Form WH-381 and WH-385 on Oct 1. On Oct 10, the DOD healthcare provider returns Form WH-385 certifying continuous full-time care for 16 weeks, followed by intermittent therapy care (2 days/week, 8 hours/day) for 10 weeks.
HR Action: HR issues Form WH-382 officially designating 26 workweeks (1,040 total hours) of Military Caregiver FMLA Leave. HR logs the 16 continuous weeks (640 hours) and monitors the remaining 400 intermittent hours in AI SoloHR's leave tracking dashboard.
📌 Track 26-Week Military Caregiver Hours: Managing 26 workweeks of caregiver leave across 12-month periods requires exact hour deductions. Use AI SoloHR's FMLA Leave Calculator (https://aisolohr.com/tools/fmla-leave-calculator) and Intermittent FMLA Tracker (https://aisolohr.com/tools/intermittent-fmla-tracker).
10 High-Intent WH-385 Compliance FAQs
Q1: Who can sign Section IV of Form WH-385? Answer: A DOD healthcare provider, VA healthcare provider, TRICARE network provider, or DOD non-network private provider.
Q2: What is 'Next of Kin' under military caregiver leave? Answer: The nearest blood relative designated in writing by the service member, or blood relatives in statutory order of priority (siblings, grandparents, aunts/uncles, cousins).
Q3: Does the 26-week limit apply per 12-month period or per injury? Answer: 26 workweeks is available per service member, per injury, in a single 12-month period.
Q4: Can an employer request a second medical opinion on WH-385? Answer: No! If WH-385 is completed by a DOD, VA, or TRICARE provider, second and third opinions are barred by law (29 CFR § 825.307).
Q5: What happens if standard 12-week FMLA leave overlaps with 26-week military leave? Answer: Total combined FMLA leave cannot exceed 26 workweeks in the single 12-month period.
Q6: Does WH-385 cover honorably discharged veterans? Answer: Veterans are covered under Form WH-385-V (within 5 years of discharge). Form WH-385 is for active duty service members.
Q7: Is intermittent leave allowed for military caregiving? Answer: Yes, intermittent leave for therapy or medical appointments is fully protected if certified by the provider.
Q8: What if the employee cares for two different wounded service members? Answer: The employee gets up to 26 workweeks for each covered service member in separate 12-month periods.
Q9: How long does HR have to issue WH-382 after receiving WH-385? Answer: HR must issue Form WH-382 Designation Notice within 5 business days.
Q10: Must the injury occur in combat? Answer: No, it must have been incurred in the line of duty on active duty, or existed before duty and aggravated by active service.
Sources and review notes
This article is written for U.S. small-business HR teams in 2026 and should be checked against your own policy, state requirements, and counsel guidance before use in a contested employment decision. AI SoloHR provides workflow structure, reviewed drafting support, and educational resources; it does not provide legal advice or make final employment decisions.
This compliance document references official regulatory guidance from federal employment enforcement agencies:
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