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Home My WebLink AboutWH-385 - Service Memeber Serious Injury or Illness 2021.08.31Certification for Serious Injury or U.S. Department of Labor Illness of a Current Wage and Hour Division Servicemember - -for Military Family Leave (Family and Medical Leave Act) _____________________________________________________________________________________________ DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR; RETURN TO THE PATIENT OMB Control Number: 1235-0003 Expires: 8/31/2021 Notice to the EMPLOYER INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA leave due to a serious injury or illness of a current servicemember to submit a certification providing sufficient facts to support the request for leave. Your response is voluntary. While you are not required to use this form, you may not ask the employee to provide more information than allowed under the FMLA regulations, 29 CFR 825.310. Employers must generally maintain records and documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 CFR 1630.14(c)(1), if the Americans with Disabilities Act applies, and in accordance with 29 CFR 1635.9, if the Genetic Information Nondiscrimination Act applies. SECTION I: For Completion by the EMPLOYEE and/or the CURRENT SERVICEMEMBER for whom the Employee Is Requesting Leave INSTRUCTIONS to the EMPLOYEE or CURRENT SERVICEMEMBER: Please complete Section I before having Section II completed. The FMLA permits an employer to require that an employee submit a timely, complete, and sufficient certification to support a request for FMLA leave due to a serious injury or illness of a servicemember. If requested by the employer, your response is required to obtain or retain the benefit of FMLA-protected leave. 29 U.S.C. 2613, 2614(c)(3). Failure to do so may result in a denial of an employee’s FMLA request. 29 CFR 825.310(f). The employer must give an employee at least 15 calendar days to return this form to the employer. SECTION II: For Completion by a UNITED STATES DEPARTMENT OF DEFENSE (“DOD”) HEALTH CARE PROVIDER or a HEALTH CARE PROVIDER who is either: (1) a United States Department of Veterans Affairs (“VA”) health care provider; (2) a DOD TRICARE network authorized private health care provider; (3) a DOD non-network TRICARE authorized private health care provider; or (4) a health care provider as defined in 29 CFR 825.125 INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed on Page 2 has requested leave under the FMLA to care for a family member who is a current member of the Regular Armed Forces, the National Guard, or the Reserves who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness. For purposes of FMLA leave, a serious injury or illness is one that was incurred in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. A complete and sufficient certification to support a request for FMLA leave due to a current servicemember’s serious injury or illness includes written documentation confirming that the servicemember’s injury or illness was incurred in the line of duty on active duty or if not, that the current servicemember’s injury or illness existed before the beginning of the servicemember’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that the current servicemember is undergoing treatment for such injury or illness by a health care provider listed above. Answer, fully and completely, all applicable parts. Several questions seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you can; terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine FMLA coverage. Limit your responses to the servicemember’s condition for which the employee is seeking leave. Do not provide information about genetic tests, as defined in 29 CFR 1635.3(f), or genetic services, as defined in 29 CFR 1635.3(e). Page 1 Form WH-385 Revised May 2015 SECTION I: For Completion by the EMPLOYEE and/or the CURRENT SERVICEMEMBER for whom the Employee Is Requesting Leave: (This section must be completed first before any of the below sections can be completed by a health care provider.) Part A: EMPLOYEE INFORMATION Name and Address of Employer (this is the employer of the employee requesting leave to care for the current servicemember): ____________________________________________________________________________________________ Name of Employee Requesting Leave to Care for the Current Servicemember: ____________________________________________________________________________________________ First Middle Last Name of the Current Servicemember (for whom employee is requesting leave to care): ____________________________________________________________________________________________ First Middle Last Relationship of Employee to the Current Servicemember: Spouse Parent  Son  Daughter  Next of Kin  Part B: SERVICEMEMBER INFORMATION (1) Is the Servicemember a Current Member of the Regular Armed Forces, the National Guard or Reserves? Yes No If yes, please provide the servicemember’s military branch, rank and unit currently assigned to: _______________________________________________________________________________________ Is the servicemember assigned to a military medical treatment facility as an outpatient or to a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients (such as a medical hold or warrior transition unit)? Yes No If yes, please provide the name of the medical treatment facility or unit: _________________________________________ (2) Is the Servicemember on the Temporary Disability Retired List (TDRL)? Yes No Part C: CARE TO BE PROVIDED TO THE SERVICEMEMBER Describe the Care to Be Provided to the Current Servicemember and an Estimate of the Leave Needed to Provide the Care: ____________________________________________________________________________________________ ____________________________________________________________________________________________ Page 2 Form WH-385 Revised May 2015 SECTION II: For Completion by a United States Department of Defense (“DOD”) Health Care Provider or a Health Care Provider who is either: (1) a United States Department of Veterans Affairs (“VA”) health care provider; (2) a DOD TRICARE network authorized private health care provider; (3) a DOD non-network TRICARE authorized private health care provider; or (4) a health care provider as defined in 29 CFR 825.125. If you are unable to make certain of the military-related determinations contained below in Part B, you are permitted to rely upon determinations from an authorized DOD representative (such as a DOD recovery care coordinator). (Please ensure that Section I above has been completed before completing this section. Please be sure to sign the form on the last page.) Part A: HEALTH CARE PROVIDER INFORMATION Health Care Provider’s Name and Business Address: ____________________________________________________________________________________________ Type of Practice/Medical Specialty: _______________________________________________________________ Please state whether you are either: (1) a DOD health care provider; (2) a VA health care provider; (3) a DOD TRICARE network authorized private health care provider; (4) a DOD non-network TRICARE authorized private health care provider, or (5) a health care provider as defined in 29 CFR 825.125: _____________________________________________________________________ Telephone: ( ) _____________ Fax: ( ) ______________ Email: ___________________________________ PART B: MEDICAL STATUS (1) The current Servicemember’s medical condition is classified as (Check One of the Appropriate Boxes):  (VSI) Very Seriously Ill/Injured – Illness/Injury is of such a severity that life is imminently endangered. Family members are requested at bedside immediately. (Please note this is an internal DOD casualty assistance designation used by DOD healthcare providers.)  (SI) Seriously Ill/Injured – Illness/injury is of such severity that there is cause for immediate concern, but there is no imminent danger to life. Family members are requested at bedside. (Please note this is an internal DOD casualty assistance designation used by DOD healthcare providers.)  OTHER Ill/Injured – a serious injury or illness that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating.  NONE OF THE ABOVE (Note to Employee: If this box is checked, you may still be eligible to take leave to care for a covered family member with a “serious health condition” under § 825.113 of the FMLA. If such leave is requested, you may be required to complete DOL FORM WH-380-F or an employer-provided form seeking the same information.) (2) Is the current Servicemember being treated for a condition which was incurred or aggravated by service in the line of duty on active duty in the Armed Forces? Yes No (3) Approximate date condition commenced: _______________________________________________ (4) Probable duration of condition and/or need for care: ______________________________________ Page 3 Form WH-385 Revised May 2015 (5) Is the servicemember undergoing medical treatment, recuperation, or therapy for this condition? Yes No If yes, please describe medical treatment, recuperation or therapy: _________________________________________________________________________________________ PART C: SERVICEMEMBER’S NEED FOR CARE BY FAMILY MEMBER (1) Will the servicemember need care for a single continuous period of time, including any time for treatment and recovery? Yes No If yes, estimate the beginning and ending dates for this period of time: ________________________________ (2) Will the servicemember require periodic follow-up treatment appointments? Yes No If yes, estimate the treatment schedule: __________________________________________ (3) Is there a medical necessity for the servicemember to have periodic care for these follow-up treatment appointments? Yes No (4) Is there a medical necessity for the servicemember to have periodic care for other than scheduled follow-up treatment appointments (e.g., episodic flare-ups of medical condition)? Yes No If yes, please estimate the frequency and duration of the periodic care: _________________________________________________________________________________________ _________________________________________________________________________________________ Signature of Health Care Provider: ________________________________ Date: _______________________ PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three years, in accordance with 29 U.S.C. 2616; 29 CFR 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this collection of information, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding this burden estimate or any other aspect of this collection information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution AV, NW, Washington, DC 20210. DO NOT SEND THE COMPLETED FORM TO THE WAGE AND HOUR DIVISION; RETURN IT TO THE PATIENT. Page 4 Form WH-385 Revised May 2015