Form WH-385: FMLA Military Caregiver Leave

What is Form WH-385?

The Family and Medical Leave Act lets an eligible employee take military caregiver leave to look after a covered servicemember: a current member of the Regular Armed Forces, the National Guard or the Reserves with a serious injury or illness. An employer may ask the employee to back that request with a medical certification, and Form WH-385 is the Department of Labor's form for it. Using this particular form is optional, but it asks for the information a complete and sufficient certification needs, and the employer must give the employee at least 15 calendar days to return it.

The form has three sections. Section I (the employer, or the employee) names the employee and employer and sets the return date. Section II is the employee's part: the servicemember's name, your relationship to them, their military status (current member, outpatient assignment, Temporary Disability Retired List), the care you'll give, and how much leave you think you'll need. Section III belongs to the servicemember's health care provider: their details and type (DOD, VA, TRICARE or another FMLA provider), the medical facts and military classification of the condition, the amount of care needed, and the provider's signature.

With FileIt you answer Sections I and II in plain English, names pre-filled from the People in your vault, and watch the Department of Labor's own PDF fill in beside the questions. If the provider has given you their answers, you can complete Section III too; otherwise leave it for them. The filled PDF is kept in your vault, and you can send it for the provider's signature. The completed form goes back to the employer, never to the Department of Labor.

Who fills it: Section I: the employer or the employee. Section II: the employee. Section III: the servicemember's health care provider, who signs it.
Returned to: The employer. The form says not to send it to the Department of Labor.
Deadline: The date set in Section I, at least 15 calendar days after the employer asked.
Signatures: The health care provider signs and dates page 4.
Edition: Revised June 2020 (OMB 1235-0003, expires 8/31/2029)
Agency: U.S. Department of Labor, Wage and Hour Division

Who needs to fill out Form WH-385?

Spouses, parents, children and next of kin of a current servicemember with a serious injury or illness who need FMLA military caregiver leave.
Employees whose employer has asked for a certification before approving military caregiver leave.
Family members caring for a servicemember assigned to a military treatment facility as an outpatient, or to a warrior transition or medical hold unit.
Family members caring for a servicemember on the Temporary Disability Retired List.
HR teams and employers requesting the certification, and DOD, VA or TRICARE providers completing Section III.

When to use Form WH-385

When you ask for FMLA leave to care for a current member of the Armed Forces, National Guard or Reserves with a serious injury or illness, and your employer asks for proof.
For a veteran rather than a current servicemember, use Form WH-385-V instead.
If the provider ticks "none of the above" for the condition's classification, the form notes you may still qualify for leave for a family member's serious health condition with Form WH-380-F.
The form says an employer must accept invitational travel orders (ITOs) or authorizations (ITAs) issued to a family member as sufficient certification for the time they cover, and that recertifications aren't allowed for this kind of leave.

What you need before you start

Your name, your employer's name, the date the certification was requested and the date it's due.
The servicemember's name and your relationship to them (spouse, parent, child or next of kin).
Their military branch, rank and unit, and the name of any medical treatment facility or unit they're assigned to as an outpatient.
What care you'll provide and your best estimate of the leave needed, including any reduced work schedule.
For Section III: the provider's name, business address, specialty, phone, fax, email and provider type, and their medical answers.

What’s on Form WH-385

The 2020 edition has 4 pages. FileIt asks for it in 5 parts, and it is signed by Health care provider:

Section I: EmployerEmployer (or employee)
Section II: Employee and/or current servicememberEmployee
Section III, Part A: Health care provider informationHealth care provider
Part B: Medical informationHealth care provider
Part C: Amount of leave neededHealth care provider

How to fill out Form WH-385, step by step

1 Section I — Employer

Employee name, employer name, the date the employer requested the certification, and the date it must be returned by. The employer must allow at least 15 calendar days unless that isn't feasible despite the employee's diligent, good faith efforts. The form also reminds employers that an employee isn't liable for delays in getting military documents.

2 Section II, Part A — You

Name the current servicemember you'll care for and tick your relationship. "Parent" and "child" include in loco parentis relationships, and the form lists the order of priority for next of kin.

3 Section II, Part B — Servicemember and care

Say whether the servicemember is a current member of the Regular Armed Forces, Guard or Reserves (with branch, rank and unit), whether they're assigned to a military treatment facility or unit as an outpatient, and whether they're on the TDRL. Then tick the care you'll give, such as help with basic medical, hygienic, nutritional or safety needs, transportation, physical care or psychological comfort, and estimate the leave and any reduced schedule.

4 Section III, Parts A and B — Provider and medical facts

The provider gives their contact details and type, the patient's name, when the condition started and how long it will last, whether it was incurred in the line of duty or aggravated by service, whether treatment is ongoing, and its classification: very seriously ill/injured (VSI), seriously ill/injured (SI), other ill/injured, or none of these.

5 Section III, Part C — Amount of leave

The provider's best estimate of a continuous period of care (start and end dates), planned treatment appointments with recovery, and intermittent care over the next 6 months: how many times per day, week or month, and how many hours or days each time. Then the provider signs and dates the form.

Common mistakes to avoid

Using WH-385 for someone who has already left the military. That's Form WH-385-V.
Leaving Section II for the provider: the form asks the employee to complete it before the provider starts Section III.
Forgetting branch, rank and unit when you ticked that the servicemember is a current member.
Giving vague estimates. The form warns that "lifetime", "unknown" or "indeterminate" may not be enough.
Ticking intermittent care without saying both how often it happens and how long each episode lasts.
Including genetic test results or genetic services, which the form says not to provide.
Sending the form to the Department of Labor instead of returning it to the employer.

After you fill it out

Give the form to the servicemember's health care provider to complete Section III (or check the answers they gave you) and sign page 4. FileIt can send it for their signature, and keeps a copy of the PDF in your vault.

Return the completed certification to your employer by the date in Section I. If it isn't complete and sufficient, the form says your FMLA leave request may be denied.

Your employer must keep the certification as a confidential medical record, separate from ordinary personnel files, and keep a copy for three years.

Fill out Form WH-385 online with FileIt

Pick the person. Choose someone from People and FileIt fills in their name, date of birth, address and other details it already knows.
Answer plain-language questions. One part of the form at a time, with the official help text beside each question — 47 fields in all. Your answers save as you go.
Check the live preview. Watch your answers land on the real U.S. Department of Labor, Wage and Hour Division form, and let FileIt do any worksheet arithmetic.
Generate the official PDF. FileIt prints your answers into the agency’s own PDF and files it in that person’s folder in your vault. Sign it, or send it for e-signature.

FileIt fills the form — it never files or submits anything for you. Deliver the finished form to whoever asked for it, the way the form’s instructions say.

Start Form WH-385 now — it’s free

Form WH-385: frequently asked questions

Can I fill out Form WH-385 online?

Yes. FileIt walks you through Sections I and II, and Section III if you have the provider's answers, and prints everything into the Department of Labor's official PDF in your vault. The provider still signs it.

Who counts as a covered servicemember?

For this form, a current member of the Regular Armed Forces, the National Guard or the Reserves who has a serious injury or illness and is undergoing treatment, recuperation or therapy, is in outpatient status, or is on the Temporary Disability Retired List.

Can next of kin use it?

Yes. The form lets you tick spouse, parent, child or next of kin. Next of kin is the servicemember's nearest blood relative other than a spouse, parent, son or daughter, in the priority order printed on page 2.

Does my employer have to accept travel orders instead?

The form says an employer requiring certification must accept invitational travel orders (ITOs) or invitational travel authorizations (ITAs) issued to a family member as sufficient certification for the time they cover.

How long do I have to return it?

At least 15 calendar days from the employer's request, unless that isn't feasible despite your diligent, good faith efforts. The exact date is in Section I.

What is the difference between WH-385 and WH-385-V?

WH-385 is for caring for a current servicemember. WH-385-V is for caring for a veteran with a serious injury or illness.

Official sources

Blank form (PDF), published by U.S. Department of Labor, Wage and Hour Division: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-385.pdf
Official instructions and guidance: https://www.dol.gov/agencies/whd/fmla/military-family-leave
Edition shown on this page: Revised June 2020 (OMB 1235-0003, expires 8/31/2029) (checked 2026-10-19).

FileIt is not affiliated with or endorsed by U.S. Department of Labor, Wage and Hour Division or any government. This page explains the form in general terms and is not legal, tax or immigration advice. Always read the official instructions, and check that you are using the edition the recipient accepts. Page last reviewed 2026-10-19.