If my husband has been on medical leave for 10 months and was just fired by mail stating that his FMLA has been used up, is it legal if they gave him no warning about time being up?

His employer has been kept informed of medical history.

Asked on July 31, 2015 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer is under no obligation to inform an employee that FMLA leave has been used up--it is the employee's obligation to stay abreast of how much leave he has. The employer is, after all, only the employer, and not the guardian of the employee.

FMLA leave is only up to 12 weeks in a year: 3 months. Your husband exceeeded it by 7 months, which is a significant time. The employer was, if anything, very generous in giving him 7 months more than they were required to before terminating his employment.

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