Author: Steven J. Luckner, Ogletree Deakins

When to Use This Letter

When an employee has exhausted all of his or her allotted 12 weeks of FMLA leave [or 26 weeks for military caregiver leave], a letter should be sent advising the employee of the expiration of their FMLA right to reinstatement. Barring receipt of any additional information concerning their condition, the employee can be advised that his or her employment has been terminated.

Below is a model letter that should be further tailored to fit the employer's specific needs