2021 Form WH 385— Certification for Serious Injury or Illness of a Current Servicemember for Military Caregiver Leave under the Family and Medical Leave Act is an FMLA form. This form is used for granting eligible employees who request FMLA leave to take care of a servicemember with a serious injury or illness.
The employer must give the employee at least 15 days to complete Form WH 385. The only situation where the FMLA leave can be denied is if the employee fails to produce Form WH 385 or fills out an insufficient certification. Outside of these situations, employers cannot deny the FMLA leave of an employee if eligible.
To be an eligible employee for FMLA leave, you must:
- be working for at least 12 months prior to the leave
- have worked for at least 1,250 hours in the past 12 months prior to leave
- must be working for a covered employer
What is a covered employer you may ask. As long as your employer has at least 50 employees working for him or her within 75 mile radius of the workplace, the employer is covered. If your workplace has less than 50 employees, you’re unfortunately not eligible for FMLA leave.
Assuming you already know these and are eligible, you can request FMLA leave to take care of a military service member in your family using Form WH 385. You can obtain a free copy of Form WH 385 from the DOL website. This version of Form WH 385 is blank and can be printed out. If you’re in need of the online fillable Form WH 385 get it from here instead.
To fill out Form WH 385 online, you need to click on the boxes you want to enter information. Once that’s done, you can then go ahead and download or print out 2021 Form WH 385 you filled out.