FMLA Form WH-385-V covered veteran certification.

Who is a covered veteran

Under 29 CFR 825.127(b)(2), a covered veteran is a person who was a member of the Armed Forces (including the National Guard or Reserves) and was discharged or released under conditions other than dishonorable at any time during the five-year period before the first date the eligible employee takes FMLA leave to care for the veteran. The employee must start the leave within five years of the veteran's active duty service. The regulation also says that for someone discharged before the effective date of the final rule stated in the regulation, the period from October 28, 2009 to that effective date does not count toward the five years, so older discharges can have a longer window than this calculator shows.

The four tests for the injury or illness (825.127(c)(2))

• (i) A continuation of a serious injury or illness incurred or aggravated while in the Armed Forces that rendered the person unable to perform the duties of office, grade, rank or rating.
• (ii) A physical or mental condition for which the veteran has a VA Service-Related Disability Rating of 50 percent or greater, based in whole or in part on the condition that creates the need for caregiver leave.
• (iii) A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation because of service-related disability, or would absent treatment.
• (iv) An injury, including a psychological injury, on the basis of which the veteran is enrolled in the VA Program of Comprehensive Assistance for Family Caregivers.

What the employer may ask for (825.310)

The medical facts for a covered veteran must say which of those tests applies, and a provider may rely on VA determinations. The employer may require documents showing the person is a veteran, the date of separation and that the separation was other than dishonorable; the veteran's DD Form 214 or other proof of veteran status can serve. Enrollment documents for the VA caregiver program are sufficient certification of the serious injury or illness, regardless of whether the employee is the named caregiver. DOL's optional form for this leave is WH-385-V; the employer may use it or another form with the same basic information.

Worked example

A veteran was discharged on March 1, 2021. The window runs to March 1, 2026, so an employee who starts caregiver leave on February 20, 2026 is inside it, and one who starts on March 15, 2026 is not (subject to the October 28, 2009 adjustment for older discharges). Timing alone is not enough: one of the four tests must also be met and the discharge must be other than dishonorable.

Limits

This page covers only the covered-veteran definition and certification inputs. The 26-workweek entitlement (825.127(e)), eligibility and the employer's other duties are in the FMLA regulations and are not calculated here. The calculator checks the plain five-year rule only.

Sources

• 29 CFR 825.127 Leave to care for a covered servicemember: covered veteran definition, five-year period and the serious injury or illness tests. Read November 2, 2026.
• 29 CFR 825.310 Certification for military caregiver leave: information the employer may request, DD Form 214 and VA caregiver documents. Read November 2, 2026.
• DOL Wage and Hour Division: FMLA forms (Internet Archive copy; the live page blocks automated reads): what each optional-use form is for, that completed certifications go to the employer and not to DOL, and that an expired OMB date does not affect the content. Read November 2, 2026.

Regulation text is the eCFR version current to October 29, 2026. Form descriptions are from the DOL forms page as archived and read on the date above.