U.S. · Employment · FMLA forms

FMLA form WH-384.

The certification for leave arising from a family member’s deployment. Pick an exigency type and date to see the time window the rule allows.

WH-384 is the Department of Labor’s optional certification for FMLA leave because of a qualifying exigency from a spouse, son, daughter or parent’s foreign deployment. The employee provides the facts, not a health care provider. The employer may ask once for a copy of the active duty orders. Some exigencies have time windows: 7 days for short-notice deployment, 15 days for each Rest and Recuperation visit, and 90 days after active duty ends for post-deployment activities.

Source: 29 CFR 825.126, 825.309; DOL FMLA forms pageRead November 2026Unofficial reference

Exigency window

Window

What the form is for

FMLA allows eligible employees to take leave for a qualifying exigency while a spouse, son, daughter or parent is on covered active duty or has been notified of an impending call or order to covered active duty (29 CFR 825.126(a)). The Department of Labor offers form WH-384, Certification of Qualifying Exigency for Military Family Leave, for use when the leave request arises out of the foreign deployment of the employee’s spouse, son, daughter or parent. The regulation calls it an optional form for employees’ use in obtaining a certification; another form with the same basic information may be used, and the employer may not require more than 825.309 specifies (825.309(c)).

Who counts as on covered active duty

For members of the Regular Armed Forces, covered active duty means duty during deployment with the Armed Forces to a foreign country. For Reserve components it means deployment to a foreign country under a federal call or order to active duty in support of a contingency operation under the specific provisions of Title 10 listed in the rule (825.126(a)(2)). Foreign country means outside the United States, the District of Columbia and any territory or possession, including international waters (825.126(a)(3)). A call to active duty means a federal call; state calls count only when ordered by the President under those provisions (825.126(a)(4)). The active duty orders will generally state whether the member is deployed to a foreign country.

The qualifying exigencies

Exigency	Time window or limit	Section
Short-notice deployment	7 calendar days beginning on the date the member is notified, when notice was 7 or fewer days before deployment	825.126(b)(1)
Military events and related activities	Official ceremonies, programs, family support programs and briefings related to the covered active duty	825.126(b)(2)
Childcare and school activities	Alternative or urgent childcare, school enrollment or transfer, school meetings; children under 18, or older and incapable of self-care	825.126(b)(3)
Financial and legal arrangements	Powers of attorney, DEERS enrollment, wills; representation before an agency while on duty and for 90 days after it ends	825.126(b)(4)
Counseling	By someone other than a health care provider, when the need arises from the covered active duty	825.126(b)(5)
Rest and Recuperation	15 calendar days beginning on the date each R&R leave starts	825.126(b)(6)
Post-deployment activities	90 days after covered active duty ends; also issues arising from the member’s death on active duty	825.126(b)(7)
Parental care	For the member’s parent who is incapable of self-care: arrange, urgent care, admit or transfer, facility meetings	825.126(b)(8)
Additional activities	Other events the employer and employee agree qualify, including timing and duration	825.126(b)(9)

What the certification must contain

The employer may require a certification with the facts sufficient to support the leave. That includes the type of exigency and any supporting documents, the approximate start date, the beginning and end dates for continuous leave or an estimate of frequency and duration for intermittent leave, contact information for any third party the employee is meeting with and the purpose of the meeting, and for Rest and Recuperation a copy of the member’s R&R orders and its dates (825.309(b)). The first time an employee requests exigency leave, the employer may ask for a copy of the member’s active duty orders or other military documentation showing covered active duty and its dates. This need only be provided once, with new orders required only if the need for leave arises from a new call (825.309(a)).

What the employer can verify

If a complete and sufficient certification is submitted, the employer may not request additional information from the employee. It may contact a third party to verify a meeting or appointment schedule and the nature of the meeting, without the employee’s permission, and may ask an appropriate Department of Defense unit to verify that the member is on covered active duty, with no further information requested (825.309(d)).

Timing of the return

Certification timing follows the general rule in 825.305(b): the employee returns the requested certification within 15 calendar days of the employer’s request, unless not practicable despite diligent, good faith efforts or the employer allows more time. A deficient form gets a written statement of what is missing and seven calendar days to cure.

Worked example

A soldier is told on Monday, November 2, 2026 that she will deploy on Friday, November 6, four days later. Her mother, the employee, may use short-notice leave for seven calendar days beginning on the date of notification: through Sunday, November 8. Months later, the soldier takes R&R starting Wednesday, March 3, 2027; her mother has through Wednesday, March 17 for that visit. When the soldier’s deployment ends on June 1, 2027, the employee has 90 days, through August 30, 2027, for arrival ceremonies and reintegration briefings.

Sources

Sources opened and read November 2, 2026.

Frequently asked questions

What is FMLA form WH-384?

The Department of Labor’s optional-use Certification of Qualifying Exigency for Military Family Leave. It supports FMLA leave arising from the foreign deployment of the employee’s spouse, son, daughter or parent.

Who fills out WH-384?

The employee supplies the information; it is not completed by a health care provider. The employer may require the facts listed in 29 CFR 825.309(b) and, once, a copy of the member’s active duty orders.

How many days of leave are allowed for Rest and Recuperation?

Leave for R&R can be used for 15 calendar days beginning on the date the military member starts each instance of R&R leave (825.126(b)(6)).

How long after deployment ends can post-deployment leave be taken?

For a period of 90 days following the termination of the member’s covered active duty status, for arrival ceremonies, reintegration briefings and other official military-sponsored programs (825.126(b)(7)).

Does the deployment have to be overseas?

Yes. Covered active duty means deployment to a foreign country, meaning outside the United States, the District of Columbia and any territory or possession, including international waters (825.126(a)(1)-(3)).

Can my employer verify my WH-384?

Yes, within limits. It may contact a third party to verify a meeting or appointment, and a Department of Defense unit to verify covered active duty, but may not ask for additional information once the certification is complete and sufficient (825.309(d)).

Is WH-384 required?

No. It is optional. The employer may use another form with the same basic information, and may not require information beyond what 825.309 specifies.

Not legal or compliance advice

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