Employees who need leave to take care of their veteran family member need to file the WH-385-V, not the WH-385 which is for active duty family members. Completion of the form is similar to the WH-385 but takes a little bit more time as the form details the veteran’s discharge information along with the need for care by the family member.
On the form, the employee needs to detail the name and address of the employer, his name and address, the name of the veteran and the relationship of the employee to the veteran. Part B of Section 1 details the veteran’s discharge and asks if the veteran was discharged dishonorably or not. Regardless of the answer, it’s not something that will be in the way of the employee’s FMLA request.
The rest of the form will be completed by the healthcare provider which will detail the veteran’s condition. Upon completing the form, you as an employee need to give your notice to the employer by using the WH-381 Notice of Eligibility.
How to request WH-385-V
You can request a copy of the five-page WH-385-V from the Department of Labor by phone or mail but since it will take some time to arrive, we recommend getting it online yourself.
The best part about this is that you can complete the parts where you need to fill out yourself and take it to the healthcare provider of the veteran. Or e-mail it and request them to complete online and send it to you.
That way, you can print the completed form and submit to your employer. The federal law does not require the employee to specifically mention FMLA. However, the employee is required to provide information to the employer that the leave may be covered by FMLA. The employee also needs to detail how many days of leave he/she needs and when the leave is going to take place.