An employer requiring an employee to submit a certification for leave to care for a current servicemember must accept as sufficient certification, in lieu of the WH-385 or other form, a copy of an “invitational travel order” (ITO) or “invitational travel authorization” (ITA) issued to any family member to join an injured or ill servicemember at his or her bedside. In such situations, an employer may require an employee to provide confirmation of a covered family relationship to the seriously injured or ill servicemember.

• An ITO/ITA is sufficient certification for the duration of time specified in the ITO/ITA.
• During the time period specified, an eligible employee may take leave to care for the servicemember in a continuous block of time or on an intermittent basis without any additional certification that taking leave intermittently is medically necessary.
• An ITO/ITA is sufficient certification for an employee entitled to take FMLA leave to care for a servicemember regardless of whether the employee is named in the order or authorization.

If an employee needs leave beyond the expiration date on the ITO/ITA, the employer may require the employee to provide a complete and sufficient certification by an authorized health care provider (See Military Caregiver Leave Certification – Authorized Health Care Provider) for the remainder of the needed leave period.

Continue to Military Caregiver Leave Certification – Authentication and Clarification or Return to Military Caregiver Leave Certification – Required Information from the Employee or Servicemember.