WH-385-V Instructions: Complete FMLA Veteran Caregiver Leave Certification Guide (2026)
A section-by-section guide to completing DOL Form WH-385-V for veteran military caregiver leave. Master the 5-year post-discharge rule, DD-214 verification, bad vs. good certification examples, and 26-week entitlement limits.
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-V is the official medical certification form used when an eligible employee requests FMLA leave to care for a covered veteran of the U.S. Armed Forces (including National Guard and Reserves) who is suffering from a serious injury or illness incurred or aggravated in the line of duty.
Under federal law (29 CFR § 825.127), eligible employees are entitled to up to 26 workweeks of unpaid, job-protected leave during a single 12-month period to care for a covered veteran who was discharged under conditions other than dishonorable within the **5-year period** prior to the start of leave.
📌 Download Official DOL Form WH-385-V PDF: Download official Form WH-385-V PDF directly from DOL.gov (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-385-V.pdf) or visit our FMLA Form Download Center (https://aisolohr.com/blog/fmla-certification-form-download).
📌 Regulatory Authority & Official Sources: This compliance guide references official enforcement guidance from the U.S. Department of Labor (DOL WHD), Title 29 of the Code of Federal Regulations (29 CFR § 825.127), Form DD-214 military discharge standards, and the U.S. Department of Veterans Affairs (VA) disability rating documentation.
Statutory Side-by-Side Comparison: Form WH-385 vs. Form WH-385-V
HR administrators frequently confuse Form WH-385 with Form WH-385-V. Review this comparison to ensure you issue the correct statutory form:
Comparison Factor | Form WH-385 (Active Duty Caregiver) | Form WH-385-V (Veteran Caregiver) |
|---|---|---|
Service Member Status | Currently serving on active duty in Armed Forces, National Guard, or Reserves. | Discharged veteran of Armed Forces (including National Guard & Reserves). |
Discharge Window Limit | Not applicable (Active Duty). | Must be discharged within 5 years preceding the start date of FMLA leave. |
Discharge Character | Active Duty status. | Must be discharged under conditions OTHER THAN DISHONORABLE (verified via Form DD-214). |
Medical Certification Provider | DOD provider, VA provider, TRICARE network provider. | VA healthcare provider, DOD provider, or authorized private healthcare provider. |
Second Opinion Rules | Second & third medical opinions strictly prohibited. | Second opinions prohibited if certified by VA/DOD; permitted if certified by private provider. |
Leave Entitlement | Up to 26 workweeks in a single 12-month period. | Up to 26 workweeks in a single 12-month period. |
Section-by-Section WH-385-V Employer Completion Breakdown
Form Section | Responsible Party | Required Entry Format & HR Audit Rules |
|---|---|---|
Section I: Employer Information | HR Representative | Fill company name, employee name, job title, and standard baseline schedule (hours/week). |
Section II: Employee & Veteran Relationship | Employee | Specify relationship: spouse, son, daughter, parent, or next of kin (nearest blood relative). |
Section III: Veteran Military Status & Discharge Date | Employee / HR Audit | State military branch, rank, separation date, and attach Form DD-214 confirming non-dishonorable discharge. |
Section IV: Healthcare Provider Certification | VA / DOD / Private MD | Provider details line-of-duty injury/illness, VA disability rating, and care schedule (continuous or intermittent). |
DD-214 & Medical Certification: Bad vs. Good Examples
Spotting improper veteran leave claims early protects your company from statutory leave misallocations:
Audit Factor | ❌ Bad Entry (Deficient / Non-Qualifying) | ✅ Good Entry (Legally Sufficient & Verifiable) |
|---|---|---|
5-Year Discharge Window | Veteran separated from service 8 years ago (Discharge Date: June 2018). | Veteran separated under honorable conditions on Nov 1, 2023 (well within 5-year FMLA statutory window). |
Discharge Character | Form DD-214 shows Dishonorable Discharge. | Form DD-214 confirms Honorable Discharge from U.S. Army active service. |
Line-of-Duty Medical Link | Veteran developed non-service-connected knee pain last week. | VA Medical Center certifies service-connected traumatic brain injury (TBI) / PTSD aggravated during active duty deployment. |
Care Duration Estimate | Employee needs time off whenever veteran needs help. | Full-time caregiver assistance required from Sept 1, 2026 to Dec 15, 2026 (15 workweeks). |
📌 Calculate Veteran Caregiver 26-Week Entitlement: Managing 26 workweeks of caregiver leave across 12-month periods can be complex. Use our free FMLA Hours Calculator (https://aisolohr.com/tools/fmla-hours-calculator) and FMLA Tracking Software (https://aisolohr.com/fmla-tracking-software) to ensure flawless balance tracking.
10 High-Intent WH-385-V Compliance FAQs
Q1: What is the 5-year discharge rule for veteran caregiver leave? Answer: The veteran must have been discharged under conditions other than dishonorable within the 5-year period preceding the date the employee first takes WH-385-V leave.
Q2: How is the 5-year period calculated if the veteran was discharged before 2013? Answer: The period between October 28, 2009 and March 8, 2013 is excluded when calculating the 5-year post-discharge window.
Q3: Must HR verify the veteran's discharge character? Answer: Yes. HR should request a copy of Form DD-214 (Certificate of Release or Discharge from Active Duty) to verify non-dishonorable discharge status.
Q4: Can an official VA disability rating document substitute for Form WH-385-V? Answer: Yes. Under 29 CFR § 825.127, official VA documentation establishing a service-connected disability rating can serve as sufficient medical certification.
Q5: Are second and third medical opinions permitted on Form WH-385-V? Answer: If certified by a VA or DOD healthcare provider, second opinions are prohibited. If certified by a private healthcare provider, second opinions are permitted.
Q6: Does WH-385-V cover 12 weeks or 26 weeks of leave? Answer: Veteran caregiver leave grants up to 26 workweeks of job-protected leave in a single 12-month period.
Q7: Who qualifies as 'Next of Kin' for a covered veteran? Answer: The nearest blood relative designated in writing by the veteran, or blood relatives in statutory order (siblings, grandparents, aunts/uncles, cousins).
Q8: What if an employee takes both standard FMLA and veteran caregiver leave? Answer: The total combined FMLA leave taken for all qualifying reasons cannot exceed 26 workweeks in the single 12-month period.
Q9: What document verifies military discharge? Answer: Form DD-214 (Certificate of Release or Discharge from Active Duty).
Q10: Can an employee take intermittent leave under WH-385-V? Answer: Yes, intermittent leave for VA medical care, physical therapy, or psychiatric treatment is fully protected.
📌 Automate Your HR Case Paperwork: Eliminate manual leave errors and maintain compliance across FMLA, ADA, and state leave laws. Start a free 14-day trial of AI SoloHR at https://aisolohr.com/sign-up.
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:
Need to manage leaves for multiple employees offline without rebuilding formulas? Download the automated Rolling-12 Excel model and full DOL documentation package.
Ready to manage U.S. HR cases with a stronger paper trail?
AI SoloHR helps U.S. small businesses track FMLA, ADA, benefits renewals, employee relations, and other high-risk workflows automatically.
- 14-day full platform access
- Up to 3 active cases
- Up to 30 employee records
- All 7 U.S. case types unlocked
Related compliance articles
Related interactive HR calculators & tools
FMLA Leave Calculator
Convert FMLA workweeks to precise hours and calculate leave limits.
FMLA Eligibility & FTE
Verify if your business meets the 50-employee FMLA threshold.
FMLA Interference Risk
Evaluate your company's risk of FMLA interference or retaliation.
FMLA Hours & Leave Calculator
Convert FMLA weeks to precise hours based on your work schedule.
Intermittent FMLA Leave Tracker
Log absence dates and hours with a rolling 365-day balance tracker.
Related compliance guides & templates
Official 2026 DOL FMLA Forms Library
Download official 2026 DOL WH-380-E, WH-380-F, WH-381, and WH-382 leave paperwork and PDFs.
FMLA Tracking for Small Businesses
Step-by-step leave tracking guide for U.S. small business owners.
FMLA Certification Deadline Checklist
Track eligibility notices, certification windows, cure periods, and designation notices.
Free FMLA Tracking Checklist
Download our copy-ready spreadsheet to log leaves and certification dates.
FMLA Case Management Use Case
Learn how the FMLA case tracker organizes leave workflows.