FMLA Form WH-385 military caregiver certification.

What WH-385 is for

DOL lists WH-385 as the form for leave to care for a family member who is a current service member with a serious injury or illness; WH-385-V is the companion for a covered veteran. Under 29 CFR 825.310(d) both are optional: the employer may use them or another form with the same basic information, but may not require more than 825.310 specifies, and the information must relate only to the serious injury or illness for which leave is needed.

Who may complete the medical part (825.310(a))

• A U.S. Department of Defense (DOD) health care provider.
• A U.S. Department of Veterans Affairs (VA) health care provider.
• A DOD TRICARE network authorized private health care provider.
• A DOD non-network TRICARE authorized private health care provider.
• Any health care provider as defined in 825.125.

What the employer may ask for (825.310(b)-(c))

From the provider: contact details and provider type; whether the injury or illness was incurred in the line of duty on active duty or existed before and was aggravated by service; the approximate start date and probable duration; medical facts, including for a current member whether the condition may make the member medically unfit for the duties of office, grade, rank or rating and whether the member is receiving treatment, recuperation or therapy; whether care is needed and for what period; and, for intermittent leave, the medical necessity and an estimate of the schedule. From the employee or servicemember: the names and the relationship, the member's branch, rank and unit, whether the member is assigned to a military medical facility or a medical hold or warrior transition unit, whether the member is on the temporary disability retired list, and a description of the care to be provided.

Accepted instead of the form

• Invitational travel orders or authorizations (ITO/ITA) issued to any family member to join the servicemember at the bedside are sufficient certification for the time they specify, regardless of whether the employee is named (825.310(e)). Leave beyond that date may be supported by a WH-385 or the employer's own form.
• VA Program of Comprehensive Assistance for Family Caregivers enrollment documents are sufficient certification of the serious injury or illness, regardless of whether the employee is the named caregiver (825.310(f)).

Authentication, second opinions and recertification

An employer may seek authentication and clarification under 825.307. Second and third opinions are not permitted when the certification was completed by a DOD, VA or TRICARE-authorized provider, but are permitted when it was completed by another 825.125 provider (825.310(d)). During an ITO/ITA or while VA caregiver enrollment shows the condition, neither the second-and-third-opinion process nor recertification under 825.308 may be used. The calculator above applies these rules to the evidence you choose.

Timing

The general certification timing in 825.305(b) applies: 15 calendar days after the employer's request. 825.310(g) adds that an employee may not be held liable for administrative delays in the issuance of military documents despite diligent, good-faith efforts. The 26-workweek military caregiver entitlement itself is covered in the FMLA regulation at 825.127, not on this page.

Sources

• 29 CFR 825.310 Certification for military caregiver leave: providers, information, ITO/ITA, VA caregiver enrollment, second opinions. Read November 2, 2026.
• 29 CFR 825.305 Certification, general rule: 15-calendar-day return. 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.