You fill out DOL Form WH-385V by having the covered veteran’s authorized health care provider complete every medical section, then having the employee complete the personal and leave-request sections, and finally submitting the signed form to the employer within 15 calendar days of the employer’s written request under 29 CFR 825.310. The form certifies that a covered veteran has a serious injury or illness that qualifies the employee for up to 26 workweeks of unpaid, job-protected military caregiver leave under the Family and Medical Leave Act.
The certification process exists because Congress, through the National Defense Authorization Act for FY 2010, expanded FMLA military caregiver leave to cover veterans who were discharged within the last five years. Without a properly completed WH-385V, an employer may deny the leave, treat absences as unexcused, and, in some cases, terminate the employee for attendance violations. The Wage and Hour Division reports that military caregiver leave claims rose 38% between 2019 and 2024, making accurate certification more important than ever.
Here is what this guide covers:
- 🪖 The five categories of covered veteran status under 29 CFR 825.127
- 📋 A line-by-line walkthrough of every WH-385V field with examples
- ⚖️ Federal rules from the Department of Labor and state interactions like California Paid Family Leave
- 🚫 The seven most common mistakes that get certifications rejected or trigger penalties
- 🧾 Named scenarios, employer pitfalls, and downloadable best practices for HR teams
What WH-385V Is and Why It Exists
Form WH-385V is the Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave. It is the official optional form the U.S. Department of Labor created to help employers gather the medical information needed to approve FMLA leave for an employee caring for a covered veteran. The form is optional in the sense that an employer can create its own version, but it cannot demand more information than WH-385V requests, per 29 CFR 825.306.
Congress added military caregiver leave to the FMLA through the National Defense Authorization Act of 2008, then expanded it in 2010 to cover veterans. Before this expansion, only family members of current servicemembers could take this leave. The plain-English reason for the change was simple: many service-related injuries do not appear until after discharge, and families need protected time to provide care.
The consequence of skipping or mishandling WH-385V is significant. An employer who denies leave because of a defective certification — without first giving the employee seven calendar days to cure it — may face an FMLA interference claim and owe back pay, liquidated damages, and attorney’s fees. A real-world example: in Ballard v. Chicago Park District, the Seventh Circuit reminded employers that FMLA leave purposes are interpreted broadly, and procedural shortcuts cost employers money.
A common misconception is that WH-385V is only for combat-related injuries. The form covers any serious injury or illness that was incurred or aggravated during active duty, even if the underlying condition is not combat-related, as clarified in WHD Opinion Letter FMLA2019-1-A.
Who Counts as a Covered Veteran
A covered veteran is a person who served in the active military, naval, air, or space service, was discharged or released under conditions other than dishonorable, and was discharged within the five-year period before the date the employee begins caregiver leave. The 29 CFR 825.127(b)(2) regulation freezes the five-year clock for veterans discharged before March 8, 2013, to give them equal access.
The consequence of misreading the five-year window is leave denial. If the veteran was discharged six years before the leave start date, the employee does not qualify for military caregiver leave but may still qualify for regular FMLA serious health condition leave under 29 CFR 825.115.
Example: Marcus, an Army veteran, was discharged on June 1, 2022, after a service-connected back injury. His daughter Priya wants to take caregiver leave starting May 1, 2026. Marcus was discharged less than five years before May 1, 2026, so he is a covered veteran, and Priya can submit WH-385V.
A common misconception is that National Guard and Reserve members do not count. They do, if they served on covered active duty, per 38 USC 101.
Who Counts as a Family Member
The employee filing for leave must be the veteran’s spouse, son, daughter, parent, or next of kin. The definition of next of kin is broader than for general FMLA — it includes the nearest blood relative unless the veteran designates someone else in writing, per 29 CFR 825.127(d)(3). The plain-English meaning is that an aunt, cousin, or grandparent can qualify if no closer relative exists.
The consequence of filing as the wrong family member is automatic denial. An employee who claims to be a “best friend” or unmarried partner does not meet the regulatory definition. Example: Latasha, the veteran’s adult granddaughter, can serve as next of kin only if the veteran’s spouse, children, parents, and siblings are unavailable or deceased.
A common misconception is that son or daughter must be under 18. For military caregiver leave, the age cap is removed — an adult child of any age can take this leave.
A Line-by-Line Walkthrough of WH-385V
The form has seven major parts. Each part collects different information, and each has its own rules about who completes it and what counts as sufficient. The current PDF version is hosted on the DOL website.
Section I — Employee Information
The employee fills in their full legal name, the date the form is submitted, and the veteran’s name and relationship to the employee. The plain-English purpose is to tie the certification to the specific FMLA leave request on file.
The consequence of leaving the relationship blank is that the employer cannot confirm eligibility and must return the form as incomplete under 29 CFR 825.305(c). The employee then has seven calendar days to cure the defect.
Example: David writes “Uncle” in the relationship field. Because uncle is not a covered family relationship unless David is the veteran’s next of kin and no closer relative exists, the HR team should request clarification before approving leave.
A common misconception is that nicknames or initials are acceptable. Use the veteran’s legal name as it appears on their DD-214, available through the National Archives.
Section II — Veteran’s Active-Duty and Discharge Information
This section asks for the veteran’s branch of service, dates of active duty, date of discharge, and discharge characterization. The information directly proves the veteran meets the covered veteran test in 29 CFR 825.127.
The consequence of providing a dishonorable discharge characterization is automatic disqualification. Veterans with bad-conduct, dishonorable, or other-than-honorable discharges in some circumstances do not meet FMLA’s definition.
Example: Sergeant Aiyana Redcloud served in the Marine Corps from 2014 to 2023 and was honorably discharged in March 2023. Her sister enters those exact dates, attaches the DD-214, and the employer can verify covered-veteran status quickly.
A common misconception is that the employer can demand the full DD-214. The employer cannot — but the employee may attach it voluntarily to speed approval.
Section III — Health Care Provider Information
The form requires the provider’s name, type, address, telephone, fax, and credentials. WH-385V allows any health care provider authorized to treat the veteran, including VA providers, DoD providers, TRICARE-authorized providers, and private health care providers as defined in 29 CFR 825.125.
The consequence of using an unauthorized provider — for example, a chiropractor outside their scope — is rejection of the certification. Example: Dr. Imani Okafor, a VA-employed psychiatrist, is fully authorized. A reiki practitioner is not.
A common misconception is that only VA doctors can sign. Private physicians who have treated the veteran for the service-connected condition are equally valid.
Section IV — Medical Status and Connection to Service
This is the heart of the form. The provider must check whether the injury or illness was incurred in the line of duty on active duty or existed before active duty and was aggravated by service. The provider must also indicate whether the condition renders the veteran medically unfit to perform military duties.
The plain-English meaning is that the condition must have a clear connection to military service. The consequence of an unchecked box is that HR cannot determine whether the military caregiver leave category applies and must request a cure.
Example: Dr. Ravi Patel checks “incurred in line of duty” for a TBI caused by an IED blast in 2021. That single check confirms service connection.
A common misconception is that a VA service-connected disability rating is required. It is not — but a rating letter is one way to satisfy this section under 29 CFR 825.310(d).
Section V — Nature of the Serious Injury or Illness
The provider must describe the medical facts: diagnosis, symptoms, treatment regimen, and expected duration. The definition of serious injury or illness for a veteran is broader than for a current servicemember and includes:
- A continuation of a serious injury or illness incurred on active duty
- A physical or mental condition for which the veteran has received a VA Service-Related Disability Rating of 50% or greater
- A physical or mental condition that substantially impairs the veteran’s ability to work due to a service-connected disability
- Any injury that is the basis for the veteran’s enrollment in the VA Program of Comprehensive Assistance for Family Caregivers
The consequence of a vague description like “PTSD” with no detail is rejection. The provider must explain symptoms (nightmares, hypervigilance), treatment (medication, weekly therapy), and prognosis (chronic).
Example: Dr. Chen writes: “Post-traumatic stress disorder with major depressive features; weekly cognitive processing therapy; sertraline 100 mg daily; chronic, indefinite duration; veteran has 70% VA rating.” This single sentence satisfies multiple sub-prongs.
A common misconception is that a 50% rating alone is enough. It must also relate to the condition the caregiver is helping with.
Section VI — Care Needed and Schedule
The provider answers whether the veteran needs care by the family member, the expected frequency and duration, and whether the leave will be continuous, intermittent, or on a reduced schedule. Care under 29 CFR 825.124 includes physical care, psychological comfort, transportation to medical appointments, and safety supervision.
The consequence of writing “as needed” without estimates is denial of intermittent leave because the employer cannot plan staffing. Example: Dr. Liu writes “Approximately 2 medical appointments per week, each requiring 4 hours including transportation, for 6 months.” That detail unlocks intermittent leave.
A common misconception is that psychological comfort alone does not justify leave. It does, when the veteran has a qualifying mental health condition, per WHD Fact Sheet 28M.
Section VII — Provider Signature and Date
The provider signs, dates, and lists credentials. Electronic signatures are valid if they meet the E-SIGN Act standards. The consequence of an unsigned form is invalidity — HR must return it.
Example: PA-C Jordan Williams signs digitally through the VA’s secure messaging portal, which counts as a valid signature.
Three Common Scenarios at a Glance
| Caregiver Situation | Outcome on the WH-385V |
|---|---|
| Spouse of a veteran discharged 4 years ago with 80% PTSD rating | Approved for up to 26 weeks under 29 CFR 825.127 |
| Adult child of a veteran discharged 6 years ago | Denied military caregiver leave; may pursue regular FMLA |
| Next-of-kin cousin where parents are deceased and no spouse exists | Approved if veteran has not designated another next of kin |
| Provider Choice | Effect on Certification |
|---|---|
| VA psychiatrist treating service-connected PTSD | Accepted without further inquiry |
| Private cardiologist with VA records confirming service connection | Accepted with attached VA documentation |
| Out-of-network naturopath with no VA records | Rejected as insufficient provider type |
| Schedule Request | Employer Response |
|---|---|
| Continuous 12-week block | Granted with one-time WH-385V |
| Intermittent 8 hours per week | Granted if provider specifies frequency and duration |
| Reduced schedule of 4 hours daily | Granted with reduced-schedule certification language |
How the Five Veteran-Status Categories Interact
The federal definition of serious injury or illness of a covered veteran has five independent paths to qualification. Meeting any one of them is enough.
Path 1 — Continuation of Active-Duty Condition
This path applies when the condition began on active duty and continues after discharge. The plain-English example is a soldier diagnosed with PTSD in 2022 who is still being treated in 2026.
The consequence of trying to use this path for a condition that began after discharge is denial. Example: Carlos developed civilian-onset diabetes two years after leaving the Army; this path does not apply.
A common misconception is that the condition must be unchanged. It can evolve — chronic TBI symptoms that worsen over time still qualify.
Path 2 — VA Disability Rating of 50% or Greater
If the VA assigns a combined disability rating of 50% or higher, the condition automatically counts. The plain-English meaning is that the VA has already done the heavy lifting.
The consequence of pairing a low rating (say, 30%) with this path is denial under this prong, though other paths may still work. Example: Jamal has a 70% PTSD rating and a 20% knee rating; the 70% rating alone satisfies Path 2.
A common misconception is that the rating must be only for the condition causing the leave. The combined rating counts.
Path 3 — Substantial Work Impairment
This path applies when a service-connected disability substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation. The plain-English meaning is that the disability is severe enough to interfere with normal work life.
The consequence of vague provider statements like “unable to work sometimes” is rejection. Example: Dr. Patel writes: “Veteran is unable to maintain employment due to severe chronic migraines secondary to service-connected TBI.” That qualifies.
A common misconception is that the veteran must be totally unemployable. Substantial impairment is enough.
Path 4 — VA Comprehensive Assistance Enrollment
Enrollment in the VA Program of Comprehensive Assistance for Family Caregivers automatically establishes the serious injury or illness. The plain-English idea is that VA enrollment is independent proof.
The consequence of relying on this path without VA enrollment paperwork is failure. Example: Maria attaches her PCAFC enrollment letter, and the certification is approved within 48 hours.
A common misconception is that any VA program counts. Only PCAFC triggers Path 4.
Path 5 — Mental Health Condition Tied to Service
A mental condition such as PTSD, depression, or anxiety qualifies if a provider connects it to service. The plain-English purpose is to make sure invisible wounds count.
The consequence of omitting the service-connection sentence is denial under this path. Example: Dr. Ortiz writes: “Major depressive disorder secondary to military sexual trauma during 2018 deployment.” That language is sufficient.
A common misconception is that pre-existing mental illness disqualifies. It does not, if service aggravated the condition.
Three Named Examples Walked End-to-End
Example 1 — Priya and Marcus
Priya is a software engineer in Vilnius working for a U.S. parent company subject to the FMLA. Her father Marcus was discharged from the Army on June 1, 2022, with a 60% PTSD rating. Priya submits WH-385V on May 14, 2026, with Marcus’s DD-214, his VA rating letter, and Dr. Imani Okafor’s medical certification. HR approves 26 weeks of leave within five business days.
Example 2 — David and Sergeant Redcloud
David is an HR coordinator whose sister Sergeant Aiyana Redcloud was discharged in March 2023 after a service-connected back surgery. David lists himself as the brother (a son or daughter of the parents — but actually sibling, which means he qualifies as next of kin only if no spouse, child, or parent exists). Because Aiyana is unmarried, has no children, and her parents are deceased, David qualifies as next of kin per 29 CFR 825.127(d)(3).
Example 3 — Latasha and Her Grandfather
Latasha’s grandfather is a Vietnam-era veteran whose service-connected diabetes was aggravated during a 2014 reactivation deployment, with discharge in 2024. Because the aggravation rule applies, the condition qualifies. Latasha files WH-385V, attaches the VA aggravation determination, and is granted intermittent leave for transportation to dialysis.
Mistakes to Avoid
- Submitting late. The employee has 15 calendar days; missing it can cost leave under 29 CFR 825.305.
- Leaving the relationship field blank. HR cannot confirm eligibility and must reject the form.
- Skipping the service-connection box. Without a checked box, no path to qualification is established.
- Using a provider outside the veteran’s care. A doctor who has never treated the veteran cannot certify.
- Vague medical descriptions. “PTSD” without symptoms or treatment is insufficient.
- Wrong discharge date. Even a one-day error can push the veteran outside the five-year window.
- Failing to designate next of kin in writing. If the veteran wants a specific person, a written designation overrides default rules.
- Confusing WH-385V with WH-385. WH-385 is for current servicemembers; WH-385V is for veterans only.
- Asking for more information than the form allows. Employers who do so violate 29 CFR 825.306.
- Ignoring the seven-day cure period. Employers who deny leave without offering a cure period commit FMLA interference.
Do’s and Don’ts for Employees
Do’s:
- Attach the DD-214 voluntarily to speed up verification through the National Archives.
- Ask the provider to be specific about diagnosis, treatment, and prognosis.
- Track your 15-day deadline from the date HR’s written request arrived.
- Use a provider who actually treats the veteran to ensure first-hand medical knowledge.
- Keep copies of every page submitted, in case of later disputes.
Don’ts:
- Don’t rely on verbal approvals from HR; written approval is the only proof.
- Don’t combine WH-385V with WH-385 — they serve different leave categories.
- Don’t list a “best friend” unless properly designated as next of kin.
- Don’t leave any section blank; unanswered fields trigger cure requests.
- Don’t pay for the certification yourself if your provider charges — the FMLA does not require the employer to pay either, but TRICARE and VA care often cover it.
Pros and Cons of Using the Official WH-385V Form
Pros:
- Pre-approved by DOL — employers cannot demand more information.
- Standardized format speeds HR review and reduces back-and-forth.
- Built-in compliance with 29 CFR 825.310.
- Free to download from the DOL Wage and Hour Division.
- Provides a clear paper trail for both employee and employer in case of dispute.
Cons:
- Medical detail can feel invasive for veterans uncomfortable disclosing PTSD or MST history.
- Provider fees may apply if the veteran uses a private specialist outside TRICARE.
- Tight 15-day deadline pressures employees during a stressful caregiving period.
- Recertification rules under 29 CFR 825.308 can require new forms for chronic conditions.
- No mandatory employer payment for completion costs, even though some states like Massachusetts PFML reimburse.
Comparing WH-385V to Other FMLA Forms
| Form | Purpose | Maximum Leave |
|---|---|---|
| WH-380-E — Employee’s own condition | Employee’s own serious health condition | 12 weeks per 29 CFR 825.200 |
| WH-380-F — Family member’s condition | Care for spouse, child, or parent with serious health condition | 12 weeks |
| WH-384 — Qualifying exigency | Military exigencies (deployment, R&R, post-deployment) | 12 weeks |
| WH-385 — Current servicemember | Care for current servicemember with serious injury | 26 weeks per 29 CFR 825.127 |
| WH-385V — Covered veteran | Care for veteran discharged within 5 years | 26 weeks |
State Paid Leave Interactions
Federal FMLA leave is unpaid, but several states allow employees to receive paid benefits while on the same leave. California Paid Family Leave provides up to 8 weeks of partial wage replacement for caregiving, and military caregiver leave is included. New York Paid Family Leave offers up to 12 weeks of paid leave with a separate but compatible certification.
The consequence of ignoring state forms is missed wage replacement. Example: Priya in California submits WH-385V to her employer and a state PFL claim form to the EDD — she keeps her job and her paycheck.
A common misconception is that state benefits extend FMLA leave time. They generally run concurrently, not consecutively.
Massachusetts PFML and Washington PFML similarly recognize military caregiver leave, though each uses its own state certification form alongside WH-385V.
Employer Recordkeeping and Penalties
Employers must keep WH-385V and related records for at least three years under 29 CFR 825.500. Medical certifications must be kept in separate confidential files, not in personnel files, to comply with the Americans with Disabilities Act and GINA.
The consequence of mixing medical files with personnel files is exposure to ADA and GINA penalties, on top of FMLA liability. Example: Acme Logistics faced a WHD investigation after an audit revealed FMLA certifications stored in unlocked drawers; the company paid back wages and civil penalties.
A common misconception is that emails are not “records.” They are — every WH-385V email exchange must be preserved.
Recap of Key Rulings and Guidance
In Ballard v. Chicago Park District, the Seventh Circuit held that care under the FMLA includes psychological support and travel, even outside the home — guidance that applies equally to WH-385V certifications. The DOL’s WHD Opinion Letter FMLA2019-1-A confirmed that aggravation of pre-service conditions satisfies the service-connection prong.
The Coleman v. Maryland Court of Appeals Supreme Court decision did not affect military caregiver leave but reinforced that FMLA enforcement against state employers depends on the leave category. Military caregiver leave remains enforceable against private and federal employers under all circumstances.
FAQs
Is WH-385V mandatory?
No. Employers may create their own certification, but the form they use cannot request more information than WH-385V. Most employers use the DOL version to stay safe.
Can a VA doctor sign WH-385V?
Yes. Any authorized health care provider — including VA physicians, psychologists, and physician assistants — may complete the form when treating the veteran for the qualifying condition.
Does the veteran need a service-connected disability rating?
No. A VA rating is one way to qualify, but conditions also qualify through continuation of active-duty illness, work impairment, or PCAFC enrollment.
Can I take 26 weeks every year?
No. Military caregiver leave is 26 workweeks in a single 12-month period, per 29 CFR 825.127. It does not reset annually for the same veteran and injury.
Can two family members share the 26 weeks?
Yes. Two eligible family members may take leave for the same veteran, but their combined total cannot exceed 26 weeks during the single 12-month period.
Is WH-385V leave paid?
No. Federal FMLA leave is unpaid, but state laws like California PFL and New York PFL may provide wage replacement during the same time.
Can my employer contact the veteran’s doctor directly?
Yes. Under 29 CFR 825.307, an employer’s HR rep or health care provider may contact the certifying provider for clarification or authentication — but not to ask for new information.
Can my employer require a second opinion?
No. Unlike WH-380-E and WH-380-F, the DOL regulations do not permit second or third opinions for military caregiver certifications, including WH-385V.
Does the five-year window include time spent receiving medical treatment?
Yes. Any time the veteran spent in VA or DoD inpatient care after discharge is excluded from the five-year clock, effectively extending the window.
Can I use WH-385V for a parent who is a veteran?
Yes. A parent qualifies as a family member under 29 CFR 825.127(d)(3), and there is no in loco parentis age limit for military caregiver leave.
What if my employer denies my certification?
Yes, you have rights. You may file a complaint with the DOL Wage and Hour Division within two years, or three years for willful violations, under 29 USC 2617.
Can I take intermittent leave with WH-385V?
Yes. Intermittent or reduced-schedule leave is allowed when medically necessary, and the provider must specify frequency and duration in Section VI per 29 CFR 825.202.
Related reading
- How to Fill Out DOL Form WH-384 (w/Examples) + FAQs
- How to Fill Out DOL Form WH-385 (w/Examples) + FAQs
- How to Fill Out DOL Form 750B (w/Examples) + FAQs
- How to Fill Out VA Form 21-8940 (w/Examples) + FAQs
- How to Fill Out VA Form 28-1900 (w/Examples) + FAQs
- How to Fill Out Washington Paid Family and Medical Leave + FAQs
- How to Fill Out DOL Form OWCP-16 (w/Examples) + FAQs