Am i able to take medical leave after exhausting FMLA for a family member,

UPDATED: Oct 2, 2022

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Am i able to take medical leave after exhausting FMLA for a family member,

My husband had a stroke 8-1-19 and I have been on FMLA to help him at
home. My FMLA 12 weeks will exhaust on 11-1-19. I just found out I
need to have a hip replacement on 11-19-19. Can I be fired for taking
leave from my job for my surgery?

Asked on October 17, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you miss work for any reason, including hip replacement, without having either FMLA leave available to cover it or using paid time off (PTO) for the absence, you can be terminated: there is no right to miss work without using FMLA or PTO. You are entitled to a total of 12 weeks fo FMLA leave per year: not 12 weeks to care for another and 12 weeks for yourself.

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