Form WH-385-V — Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (FMLA)

What is Form WH-385-V?

Military caregiver leave under the FMLA isn't limited to people still in uniform. It also covers caring for a veteran who has a serious injury or illness, whether it was incurred in the line of duty, aggravated by service, or later led to a VA disability rating. When an employee asks for this leave, the employer may require a certification, and Form WH-385-V is the Department of Labor's version. Using it is optional; an employer that requires certification must give at least 15 calendar days to return it.

The form is in three sections. In Section I the employer or the employee gives the names and the return date. Section II is for the employee: the veteran's name, your relationship, how and when the veteran was discharged, their branch, rank and unit at discharge, whether they're receiving treatment, the care you'll provide, and the leave you expect to need. Section III is the veteran's health care provider's: their contact details and type, medical facts, which of four qualifying conditions applies (or none), the amount of care needed, and their signature.

FileIt asks the Section I and II questions one by one, pre-fills your name from the People in your vault, and shows the official PDF filling in as you go. Section III can stay blank for the provider, or you can enter the answers they gave you. The finished PDF is saved in your vault and can be sent to the provider for e-signature. It goes back to your employer, not to the Department of Labor.

Who needs to fill out Form WH-385-V?

• Spouses, parents, children and next of kin who need FMLA leave to care for a veteran with a serious injury or illness.
• Employees whose employer asked for a medical certification before granting military caregiver leave.
• Caregivers of veterans with a VA Service Related Disability Rating of 50% or higher linked to the condition.
• Caregivers of veterans whose service-related condition keeps them from holding a substantially gainful job.
• VA, DOD and TRICARE providers, and other FMLA health care providers, completing Section III for a patient.

When to use Form WH-385-V

• When you request FMLA military caregiver leave for a veteran and your employer asks for certification.
• If the veteran is still serving (Regular Armed Forces, National Guard or Reserves), use Form WH-385 instead.
• If the veteran is enrolled in the VA caregiver program, documentation of that enrollment can be given instead; the form says the employer must accept it.
• If none of the four conditions in Part B applies, the form notes you may still qualify for leave for a family member's serious health condition using Form WH-380-F.

What you need before you start

• Your full name, your employer's name, and the requested and due dates.
• The veteran's first, middle and last name and your relationship to them.
• The veteran's discharge type and date, and their branch, rank and unit at the time of discharge (the DD-214 shows these).
• The care you'll give and your estimate of the leave, plus any reduced work schedule you can manage.
• For Section III: the provider's details and type, the condition's dates, its link to service, and the provider's estimates of the care needed.

What’s on Form WH-385-V

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

1. Section I: EmployerEmployer (or employee)
2. Section II: Employee and/or veteranEmployee
3. Section III, Part A: Health care provider informationHealth care provider
4. Part B: Medical informationHealth care provider
5. Part C: Amount of leave neededHealth care provider

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

1 Section I — Employer

The employee's name, the employer's name, the date the certification was requested, and the date it's due back. The employer can't ask for more than the FMLA regulations allow, and an employee isn't held liable for delays in getting military documents.

2 Section II, Part A — You

Name the veteran you'll care for, then tick spouse, parent, child or next of kin. No biological or legal relationship is needed for in loco parentis relationships.

3 Section II, Part B — Veteran and care

Tick whether the veteran was discharged honorably or dishonorably and give the discharge date, then their branch, rank and unit at discharge. Say whether they're receiving medical treatment, recuperation or therapy, tick the care you'll provide, and estimate the leave and any reduced schedule (dates, hours per day, days per week).

4 Section III, Parts A and B — Provider and condition

The provider's name, address, specialty, phone, fax, email and provider 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; and which qualifying condition applies: a continuation of a service injury, a VASRD rating of 50% or more, a condition that substantially impairs gainful work, enrollment in the VA caregiver program, or none.

5 Section III, Part C — Amount of leave

The provider estimates any continuous period of care, the length of planned treatment appointments including recovery, and intermittent care over the next 6 months (times per day, week or month, and hours or days each). Then the provider signs and dates the form.

Common mistakes to avoid

• Using WH-385-V for someone still serving. Current servicemembers use Form WH-385.
• Leaving out the discharge date or the branch, rank and unit at discharge.
• Asking the provider to start before you've finished Section II.
• Estimates such as "lifetime" or "unknown", which the form says may not be sufficient.
• Giving only how often intermittent care happens, without how long each episode lasts.
• Including genetic tests or genetic services, which the form says not to provide.
• Mailing the form to the Department of Labor. It goes back to the employer.

After you fill it out

Pass the form to the veteran's health care provider to complete Section III and sign page 4, or check and sign off the answers they gave you. You can send it for signature from FileIt; a copy stays in your vault.

Return it to your employer by the date in Section I. A late or incomplete certification can mean the leave request is denied.

Your employer keeps it as a confidential medical record, apart from personnel files, and must keep a copy for three years.

Form WH-385-V: frequently asked questions

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-V.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.

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