FMLA Form WH-384: Job Protection Guide

When a family member is deployed, the paperwork that follows is not just theirs. It is yours too. Power of attorney. School arrangements. Financial accounts. Care for aging parents. Childcare restructured around a missing spouse. None of these things appear on a military checklist, and all of them may mean you need time away from work. FMLA Form WH-384 is the certification that makes that time job-protected.

This guide covers every section of WH-384, all eight qualifying exigency categories and exactly what to document for each, how this form differs from WH-385 and WH-385-V, and the one eligibility rule that is different for qualifying exigency leave versus every other type of FMLA. Download the current form directly from the DOL FMLA Forms Library before you start.

What Is FMLA Form WH-384?

Form WH-384 is the Department of Labor’s Certification of Qualifying Exigency for Military Family Leave. Its current revision is June 2020, governed by 29 CFR § 825.309. It is used when an employee’s spouse, son or daughter, or parent is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces.

The form is fundamentally different from every other FMLA certification form in the series. WH-380-E, WH-380-F, WH-385, and WH-385-V all involve a healthcare provider certifying a medical condition. WH-384 involves no medical provider at all. The employee certifies the qualifying exigency themselves, supported by whatever documentation is relevant to the specific type of leave being taken.

WH-384 is entirely employee-completed. No physician. No healthcare provider signature. No clinical documentation. The certification is based on the military member’s deployment status and the specific deployment-related need the employee is taking leave to address.

The WH-384 Form Series: Where It Fits

Form	Leave Type	Who Certifies	Medical Provider Required
WH-380-E	Employee’s own serious health condition	Employee + healthcare provider	Yes
WH-380-F	Family member’s serious health condition	Employee + family member’s provider	Yes
WH-384	Qualifying exigency military deployment of covered family member	Employee only (third-party contact info where applicable)	No
WH-385	Military caregiver leave — current servicemember serious injury or illness	Employee + DOD/VA/TRICARE/civilian provider	Yes
WH-385-V	Military caregiver leave — covered veteran serious injury or illness	Employee + authorized provider	Yes

Who Qualifies: Covered Active Duty and Covered Family Members

Who Is a Covered Military Member?

The military member whose deployment triggers WH-384 leave must be the employee’s spouse, son or daughter, or parent. Under 29 CFR § 825.122, these terms include in loco parentis relationships: someone who stood in a parental role to the employee, or to whom the employee stood in a parental role, even without a legal or biological connection. Siblings, grandparents, and parents-in-law do not qualify for WH-384 exigency leave.

What Is Covered Active Duty?

Covered active duty has two definitions depending on the military branch involved:

Branch	What Counts as Covered Active Duty
Regular Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force)	Deployment to a foreign country
National Guard or Reserves	Deployment to a foreign country under a Federal call or order to active duty in support of a contingency operation

The covered active duty definition matters. For members of the Regular Armed Forces, any deployment to a foreign country triggers WH-384 eligibility. For National Guard and Reserve members, the deployment must be under a Federal call in support of a contingency operation — not all state activations qualify. If you are unsure whether your family member’s orders trigger federal qualifying exigency leave, confirm with your HR team or the DOL Wage and Hour Division.

The Eligibility Rule That Is Different for WH-384

Standard FMLA medical leave under WH-380-E or WH-380-F requires both 12 months of employment AND at least 1,250 hours worked in the prior 12-month period. Qualifying exigency leave under WH-384 requires only 12 months of employment. The 1,250-hour threshold does not apply. This means employees who have recently returned from leave, changed positions, or otherwise have lower hours may still qualify for exigency leave when they would not qualify for medical FMLA.

The Eight Qualifying Exigency Categories

Under 29 CFR § 825.126, eight categories of qualifying exigency are recognized. Each has different documentation requirements on WH-384. WH-384 Part C asks the employee to check the applicable category and describe the specific need.

1. Short-Notice Deployment

Leave to address issues arising when the military member receives deployment orders with seven or fewer calendar days’ notice before deployment. This is limited to 7 calendar days beginning on the date of the deployment notification.

Documentation needed: A copy of the deployment orders or official notification showing the deployment date and notice date.

2. Military Events and Related Activities

Leave to attend official military ceremonies, programs, or events related to the military member’s active duty assignment. Also covers programs and informational briefings sponsored by the military, military service organizations, or the American Red Cross.

Documentation needed: The name and contact information of the event or organization, the date of the event, and a brief description of the employee’s involvement.

3. Childcare and School Activities

Leave to arrange childcare or attend school activities for the military member’s child when the need arises from the deployment. This includes enrolling a child in a new school, arranging new daycare, or attending school meetings that became necessary because of the deployment. This category covers leave for the employee’s own child only when that child is the military member’s child.

Documentation needed: The name and contact information of the school, childcare provider, or relevant party, and a description of the care being arranged.

4. Financial and Legal Arrangements

Leave to make financial or legal arrangements to address the military member’s absence. Examples include executing powers of attorney, preparing or reviewing wills or trusts, updating beneficiaries, transferring financial accounts, or managing real property on behalf of the deployed servicemember.

Documentation needed: The name and contact information of the financial institution, attorney, or legal entity, and a description of the specific arrangement being handled.

5. Counseling

Leave to attend counseling provided by a professional counselor who is not a healthcare provider, when the need for counseling arises from the deployment. This covers counseling for the employee, for the military member, or for the military member’s child. It does not cover healthcare appointments — those fall under standard FMLA medical leave.

Documentation needed: The name and contact information of the counselor or counseling organization, and a description of the nature of the counseling.

6. Rest and Recuperation (R&R) Leave

Leave to spend time with the military member during a short-term, temporary Rest and Recuperation leave from deployment. This is limited to a maximum of 15 calendar days for each R&R instance, regardless of the total duration of the military member’s R&R leave.

R&R leave has a hard cap and a mandatory documentation requirement. You may take up to 15 calendar days per R&R instance, not 15 days per deployment or per year. A copy of the military member’s official R&R orders or other military documentation confirming the R&R leave period must accompany WH-384 for this category. The employer cannot process this category without that documentation.

7. Post-Deployment Activities

Leave to attend military events and activities related to the transition period immediately after the military member returns from deployment. This includes arrival ceremonies, reintegration briefings, and similar programs that occur within 90 calendar days after the termination of the military member’s covered active duty status.

Documentation needed: The name and contact information of the event, program, or organization, and the date of the activity.

8. Parental Care

Leave to care for or assist with care arrangements for the military member’s parent who is incapable of self-care when the need for care arises from the deployment. This covers arranging alternative care, admitting or transferring the parent to a new care facility, attending to urgent care needs, or providing care when alternative care arrangements are disrupted by the deployment.

Documentation needed: The name and contact information of the care provider or care facility, and a description of the care being arranged or provided.

Section-by-Section Walkthrough of WH-384

Section I: Employer or Employee (Administrative)

Either the employer or the employee may complete Section I. It covers basic administrative information: the employee’s name and the employer’s contact information. The employer also uses this section to specify the leave dates or period being requested. This section is typically completed before the form is given to the employee for Part A and Part B.

Part A: Covered Active Duty Status (Employee)

The employee completes Part A. This section documents the military member’s deployment status, whether they are currently on covered active duty or have been notified of an impending call to covered active duty. It requires the military member’s name, branch of service, rank, and unit assignment, and whether they have already deployed or are awaiting orders.

The employee also certifies whether they have previously provided the employer with written documentation of the military member’s covered active duty status. If documentation has already been provided for a prior exigency, it does not need to be resubmitted for a new leave request of the same type unless the employer has reason to question the ongoing validity of the status.

Part B: Employee Information (Employee)

The employee completes Part B. This is where the specific qualifying exigency is identified. The employee checks the applicable category from the eight listed above, describes the specific need arising from the deployment, and provides the dates or estimated duration of leave, whether it is a single continuous period, intermittent, or reduced schedule.

For third-party meetings, financial arrangements, counseling, and school activities, the employee must provide the name and contact information of the third party. For R&R leave, the military orders must accompany the form. For all categories, a description of the specific purpose is required, not just the category name.

Be specific in Part B. “Financial arrangements” is not sufficient. “Meeting with attorney at [firm name] on [date] to execute power of attorney for [servicemember’s name]” is. The more precisely the specific need is described, the less likely the employer will return the form for clarification and the stronger the leave designation.

FMLA Form WH-384: When Can Leave Begin?

One of the most important and least understood features of qualifying exigency leave is when it can begin. Under 29 CFR § 825.126, exigency leave may begin the moment the employee becomes aware of an impending call or order to covered active duty before the military member actually deploys. You do not have to wait for deployment to start.

This is particularly relevant for short-notice deployment leave, which begins on the date of notification. It is also relevant for financial and legal arrangements, which often need to happen in the window between notification and departure. The certification deadline — 15 calendar days from the employer’s request — still applies, but the leave itself may start immediately.

WH-384 vs. WH-385: How They Are Different?

For a complete walkthrough of all FMLA paperwork requirements and deadlines in one place, see the FMLA Paperwork Hub.

Feature	WH-384 (Qualifying Exigency)	WH-385 (Military Caregiver)
Purpose	Address deployment-related needs — logistics, care, legal, financial — while servicemember is deployed	Provide direct care for a servicemember with a serious injury or illness
Medical provider required	No, employee certifies the exigency	Yes, DOD, VA, TRICARE, or civilian licensed provider
Leave entitlement	Up to 12 workweeks per year	Up to 26 workweeks per single 12-month period
Hours requirement	No, only 12 months of employment required	Yes, 1,250 hours in the prior 12 months required
What triggers it	Covered active duty or impending call to covered active duty	Serious injury or illness incurred in line of duty
Recertification	Employer may request recertification if circumstances change	Not permitted
R&R limit	15 calendar days per R&R instance	Not applicable

Common Mistakes That Can Delay WH-384 Approval

No Third-Party Contact Information

If your qualifying exigency involves a meeting with a school, childcare provider, counselor, financial advisor, attorney, or another third party, include their name and contact information on WH-384. Your employer may use this information to verify the meeting and its purpose.

Missing R&R Documentation

If you are requesting leave to spend time with a servicemember during Rest and Recuperation (R&R), include the servicemember’s R&R orders or other military documentation showing the R&R dates.

Vague Description of the Qualifying Exigency

Simply selecting a qualifying exigency category is not enough. Clearly describe the specific deployment-related need, what you need to handle, and any relevant details that support your request under federal.

Unclear Leave Dates or Schedule

For continuous leave, provide the expected start and end dates. For intermittent or reduced-schedule leave, provide your best estimate of how often leave will be needed and how long each absence may last.

Missing Active-Duty Documentation

When requesting qualifying exigency leave, your employer may ask for the servicemember’s active-duty orders or other military documentation confirming covered active-duty status and dates. This generally only needs to be provided once for that deployment.

Deployment is already complicated. Your FMLA paperwork shouldn’t make it harder. FMLADocs helps you identify the right FMLA form and complete your certification correctly, typically within 24 to 48 hours. Start My Certification