Fill out WH-385 (FMLA Certification - Military Caregiver Leave) online
Form WH-385 certifies that an employee's request for FMLA military caregiver leave is due to a serious injury or illness of a current servicemember. FMLA provides up to 26 weeks of unpaid, job-protected leave in a single 12-month period for an eligible employee to care for a covered servicemember with a serious injury or illness incurred in the line of duty.
How to fill out WH-385 (FMLA Certification - Military Caregiver Leave)
Employee completes Section I
Enter your name, employer name and address, and the name of the covered servicemember. Specify your relationship to the servicemember and describe the care you will provide.
Healthcare provider describes the injury or illness
The servicemember's healthcare provider (or an authorized DoD representative) describes the serious injury or illness, confirms it was incurred in the line of duty on active duty, and indicates the probable duration.
Specify the care regimen
The healthcare provider details the treatment plan, whether the servicemember requires psychological comfort or assistance with activities of daily living, and the frequency of medical appointments.
Address intermittent leave needs
If intermittent leave or a reduced schedule is needed, the healthcare provider estimates the frequency and duration of treatment episodes and explains why the intermittent schedule is medically necessary for the servicemember's care.
About WH-385 (FMLA Certification - Military Caregiver Leave)
Who needs this form
Employees requesting FMLA military caregiver leave to care for a spouse, son, daughter, parent, or next of kin who is a current member of the Armed Forces (including National Guard or Reserves) with a serious injury or illness incurred or aggravated in the line of duty on active duty.
Where to submit
The completed form is returned to the employee's employer, typically the HR department. The employer must allow at least 15 calendar days to return the certification.
Source and content freshness
- Filing deadlines may shift for weekends and holidays. Verify due dates with official instructions.
Common mistakes to avoid
- Not specifying that the injury or illness was incurred in the line of duty on active duty
- Healthcare provider not indicating the probable duration of the servicemember's condition
- Confusing this form with WH-385-V (for veteran caregiver leave, which is a separate form)
- Not establishing the employee's relationship to the servicemember (must be spouse, child, parent, or next of kin)
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How is military caregiver leave different from regular FMLA leave?
Military caregiver leave provides up to 26 weeks of leave in a single 12-month period, compared to 12 weeks for regular FMLA leave. It covers care for a current servicemember with a serious injury or illness incurred in the line of duty. The 26 weeks includes any other FMLA leave taken during that period. Only one 26-week period is available per servicemember, per injury.
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