FMLA expiration

[Guest Anaurquijo]

An City employee has been on FMLA for twelve weeks due to her spouse's serious health condition. She requests an extension of her FMLA for an additional month to care for her spouse plus an additional 6 -8 weeks for recovery of an upcoming surgery that she has scheduled for herself for Carpal Tunnel Syndrome (CTS). The employer has a leave of absence policy which is reviewed on a case by case basis which may extend up to a six month period. Her employer has denied the extension of FMLA as well as the additional leave of absence for her surgery stating that more time off will be detrimental to her work unit. The CTS is not being handled as a work related injury as she never filed a claim for workers' comp benefits stating that she has had this problem for a long time due to prior jobs. Does the employer need to look at something else in this case? Can FMLA by denied beyond the 12 week period? Can the employee request 12 weeks of FMLA again the next year for the same reason? In this case, it seems the employee will either resign as a result of the denial for the extension, or will be separated without prejudice in accordance with the leave of absence policy.

Just wondering if there is something more here that someone could shed some light on.

[KIP KRAUS]

There is no obligation by the employer to extend FMLA leave. If the employer wants to allow a person to take a leave of absence beyond FMLA that's the employer's choice. However, no job protection need be guranteed during the subsequent leave of absence.