FMLA Extension - Am I Eligible?

[KBrink]

My jurisdiction is: Indiana

My FMLA 12-month leave period measured forward from the date of my first FMLA leave ends on October 24, 2009. I have taken only 42 hours intermittently of FMLA leave in the period of time from 10/24/08 to present. I have been told by my physician that I will need further treatment for the same illness for a 4 week period every six months for the next two years. Will I be eligible for an extension of my FMLA for the same illness? Do I reapply for FMLA benefits? Will I get a full 12 weeks of leave again on 10/25/2009?

 

[cbg]

When you will be eligible for a new 12 week period depends on what method your employer uses to count it; there are several legal methods. FMLA does not extend - not with the same protections, anyway. You get 12 weeks in a 12 month period, however the employer counts it, and that's all. Any time beyond that, that your employer is willing to give you is not FMLA and does not have the same protections as FMLA.

But if it is a new 12 month period, however your employer counts it, and you did not miss enough time to make you ineligible, there's no reason you shouldn't be able to start a new FMLA leave.

 

[KBrink]

I was just concerned that I couldn't apply for FMLA benefits again for the same illness. My employer counts FMLA leave eligibility 12 months forward from your first FMLA leave. So, if I am understanding correctly, I can reapply for FMLA benefits again for the same illness.

 

[cbg]

Yes, you can. There is nothing in the law that says you can only have FMLA for the same illness once.

 

[KBrink]

Thank you for answering my questions and providing information. I truly appreciate your help!