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Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave under the Family and Medical Leave ActU.S. Department of Labor Wage and Hour DivisionDO NOT SEND COMPLETED FORM.

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How to fill out the WH-385V online

The WH-385V form is essential for employees seeking military caregiver leave under the Family and Medical Leave Act to care for a covered veteran with a serious illness or injury. This guide provides step-by-step instructions to help users complete the form accurately and efficiently online.

Follow the steps to successfully fill out the WH-385V form online.

  1. Click ‘Get Form’ button to access the document and open it in your digital format editor.
  2. Begin by completing Section I, which requires the employee and employer information. Enter the employee name and employer name, and list the date the certification is requested. Make sure to note the due date for the completed form as well, remembering to allow at least 15 calendar days for submission.
  3. Move to Section II, where the employee or the person requesting leave must provide veteran-related information. Start with the name of the veteran for whom leave is being requested and indicate the relationship with the veteran by checking the appropriate box.
  4. In Part B of Section II, provide details about the veteran's discharge status, military branch, rank, and unit. Indicate whether the veteran is receiving medical treatment and briefly describe the care you plan to provide.
  5. Next, provide an estimate of the amount of FMLA leave needed and, if applicable, indicate the reduced work schedule you are requesting to care for the veteran.
  6. Proceed to Section III, where the health care provider must fill out their contact information and provide medical details regarding the veteran's condition as requested. This includes the start date of the condition, duration of treatment, and other relevant medical information.
  7. After completion, ensure that all sections are filled out accurately before saving the changes. You can then download, print, or share the completed form as needed.

Complete the WH-385V form online today to ensure you receive the necessary caregiver leave.

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The “Single 12-Month Period” You are entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.” (Up to 12 of the 26 weeks may be for an FMLA-qualifying reason other than to care for a covered servicemember.

The Family and Medical Leave Act (FMLA) provides that eligible employees may take FMLA leave to care for a covered veteran with a serious illness or injury. The FMLA allows an employer to require an employee seeking FMLA leave for this purpose to submit a medical certification. 29 U.S.C. §§ 2613, 2614(c)(3).

If a person's health plan coverage would terminate because of an absence due to military service, the person may elect to continue the health plan coverage for up to 24 months after the absence begins or for the period of service (plus the time allowed to apply for reemployment), whichever period is shorter.

The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave to care for a family member who is a current servicemember with a serious injury or illness. FMLA leave for this purpose is called “military caregiver leave.”

Maximum Accruals. Full-time employee may accrue 120 hours (15 days) of military leave under this authority. Unused military leave may be carried over into a succeeding FY year providing for a maximum balance of up to 240 hours (or 30 days) during a FY.

As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account.

Military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent, or “next of kin” of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to provide care for the veteran.

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