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Home/Blog/WH-385-V Instructions: Complete FMLA Veteran Caregiver Leave Certification Guide (2026)
FMLAJul 22, 2026 09:19by AI SoloHR Compliance & Editorial Team5 min read

WH-385-V Instructions: Complete FMLA Veteran Caregiver Leave Certification Guide (2026)

A section-by-section guide to completing DOL Form WH-385-V for veteran military caregiver leave. Master the 5-year post-discharge rule, DD-214 verification, bad vs. good certification examples, and 26-week entitlement limits.

For U.S. employers and small-business HR teams.

#FMLA#WH-385-V#WH-385-V Instructions#Veteran Caregiver#VA Certification#DOL Forms#HR Compliance
Fact-Checked & Regulatory AuditVERIFIED E-E-A-T

Verified by AI SoloHR Compliance & Editorial Team (U.S. Employment Law & Regulatory Compliance Research Group)

Last Audit: Sep 3, 2026 15:18

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WH-385-V Instructions: Complete FMLA Veteran Caregiver Leave Certification Guide (2026)

Department of Labor (DOL) Form WH-385-V is the official medical certification form used when an eligible employee requests FMLA leave to care for a covered veteran of the U.S. Armed Forces (including National Guard and Reserves) who is suffering from a serious injury or illness incurred or aggravated in the line of duty.

Under federal law (29 CFR § 825.127), eligible employees are entitled to up to 26 workweeks of unpaid, job-protected leave during a single 12-month period to care for a covered veteran who was discharged under conditions other than dishonorable within the **5-year period** prior to the start of leave.

📌 Download Official DOL Form WH-385-V PDF: Download official Form WH-385-V PDF directly from DOL.gov (https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-385-V.pdf) or visit our FMLA Form Download Center (https://aisolohr.com/blog/fmla-certification-form-download).

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Sources and review notes

This article is written for U.S. small-business HR teams in 2026 and should be checked against your own policy, state requirements, and counsel guidance before use in a contested employment decision. AI SoloHR provides workflow structure, reviewed drafting support, and educational resources; it does not provide legal advice or make final employment decisions.

Statutory Sources & Regulatory Citations

This compliance document references official regulatory guidance from federal employment enforcement agencies:

  • U.S. Department of Labor (DOL) FMLA Regulations
  • Code of Federal Regulations (29 CFR Part 825)
  • EEOC Disability & Interactive Process Manual
  • Legal Information Institute (29 U.S.C. Chapter 28)
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WH-385 Instructions: FMLA Military Caregiver Leave Certification Guide (2026)

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📌 Regulatory Authority & Official Sources: This compliance guide references official enforcement guidance from the U.S. Department of Labor (DOL WHD), Title 29 of the Code of Federal Regulations (29 CFR § 825.127), Form DD-214 military discharge standards, and the U.S. Department of Veterans Affairs (VA) disability rating documentation.

Statutory Side-by-Side Comparison: Form WH-385 vs. Form WH-385-V

HR administrators frequently confuse Form WH-385 with Form WH-385-V. Review this comparison to ensure you issue the correct statutory form:

Comparison Factor

Form WH-385 (Active Duty Caregiver)

Form WH-385-V (Veteran Caregiver)

Service Member Status

Currently serving on active duty in Armed Forces, National Guard, or Reserves.

Discharged veteran of Armed Forces (including National Guard & Reserves).

Discharge Window Limit

Not applicable (Active Duty).

Must be discharged within 5 years preceding the start date of FMLA leave.

Discharge Character

Active Duty status.

Must be discharged under conditions OTHER THAN DISHONORABLE (verified via Form DD-214).

Medical Certification Provider

DOD provider, VA provider, TRICARE network provider.

VA healthcare provider, DOD provider, or authorized private healthcare provider.

Second Opinion Rules

Second & third medical opinions strictly prohibited.

Second opinions prohibited if certified by VA/DOD; permitted if certified by private provider.

Leave Entitlement

Up to 26 workweeks in a single 12-month period.

Up to 26 workweeks in a single 12-month period.

Section-by-Section WH-385-V Employer Completion Breakdown

Form Section

Responsible Party

Required Entry Format & HR Audit Rules

Section I: Employer Information

HR Representative

Fill company name, employee name, job title, and standard baseline schedule (hours/week).

Section II: Employee & Veteran Relationship

Employee

Specify relationship: spouse, son, daughter, parent, or next of kin (nearest blood relative).

Section III: Veteran Military Status & Discharge Date

Employee / HR Audit

State military branch, rank, separation date, and attach Form DD-214 confirming non-dishonorable discharge.

Section IV: Healthcare Provider Certification

VA / DOD / Private MD

Provider details line-of-duty injury/illness, VA disability rating, and care schedule (continuous or intermittent).

DD-214 & Medical Certification: Bad vs. Good Examples

Spotting improper veteran leave claims early protects your company from statutory leave misallocations:

Audit Factor

❌ Bad Entry (Deficient / Non-Qualifying)

✅ Good Entry (Legally Sufficient & Verifiable)

5-Year Discharge Window

Veteran separated from service 8 years ago (Discharge Date: June 2018).

Veteran separated under honorable conditions on Nov 1, 2023 (well within 5-year FMLA statutory window).

Discharge Character

Form DD-214 shows Dishonorable Discharge.

Form DD-214 confirms Honorable Discharge from U.S. Army active service.

Line-of-Duty Medical Link

Veteran developed non-service-connected knee pain last week.

VA Medical Center certifies service-connected traumatic brain injury (TBI) / PTSD aggravated during active duty deployment.

Care Duration Estimate

Employee needs time off whenever veteran needs help.

Full-time caregiver assistance required from Sept 1, 2026 to Dec 15, 2026 (15 workweeks).

📌 Calculate Veteran Caregiver 26-Week Entitlement: Managing 26 workweeks of caregiver leave across 12-month periods can be complex. Use our free FMLA Hours Calculator (https://aisolohr.com/tools/fmla-hours-calculator) and FMLA Tracking Software (https://aisolohr.com/fmla-tracking-software) to ensure flawless balance tracking.

10 High-Intent WH-385-V Compliance FAQs

  • Q1: What is the 5-year discharge rule for veteran caregiver leave? Answer: The veteran must have been discharged under conditions other than dishonorable within the 5-year period preceding the date the employee first takes WH-385-V leave.

  • Q2: How is the 5-year period calculated if the veteran was discharged before 2013? Answer: The period between October 28, 2009 and March 8, 2013 is excluded when calculating the 5-year post-discharge window.

  • Q3: Must HR verify the veteran's discharge character? Answer: Yes. HR should request a copy of Form DD-214 (Certificate of Release or Discharge from Active Duty) to verify non-dishonorable discharge status.

  • Q4: Can an official VA disability rating document substitute for Form WH-385-V? Answer: Yes. Under 29 CFR § 825.127, official VA documentation establishing a service-connected disability rating can serve as sufficient medical certification.

  • Q5: Are second and third medical opinions permitted on Form WH-385-V? Answer: If certified by a VA or DOD healthcare provider, second opinions are prohibited. If certified by a private healthcare provider, second opinions are permitted.

  • Q6: Does WH-385-V cover 12 weeks or 26 weeks of leave? Answer: Veteran caregiver leave grants up to 26 workweeks of job-protected leave in a single 12-month period.

  • Q7: Who qualifies as 'Next of Kin' for a covered veteran? Answer: The nearest blood relative designated in writing by the veteran, or blood relatives in statutory order (siblings, grandparents, aunts/uncles, cousins).

  • Q8: What if an employee takes both standard FMLA and veteran caregiver leave? Answer: The total combined FMLA leave taken for all qualifying reasons cannot exceed 26 workweeks in the single 12-month period.

  • Q9: What document verifies military discharge? Answer: Form DD-214 (Certificate of Release or Discharge from Active Duty).

  • Q10: Can an employee take intermittent leave under WH-385-V? Answer: Yes, intermittent leave for VA medical care, physical therapy, or psychiatric treatment is fully protected.

📌 Automate Your HR Case Paperwork: Eliminate manual leave errors and maintain compliance across FMLA, ADA, and state leave laws. Start a free 14-day trial of AI SoloHR at https://aisolohr.com/sign-up.

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