Employment Law/FMLA Leave



My return to work will be after the allowable date for my FMLA leave (May 23, 2013). My next medical appt. is 5/28/13 and I am currently on a wait and see approach with my surgeon because of fluid issues following my surgery on 2/28/13.

Can I apply for an extension for FMLA or is my job rights and position with work in jepoardy? It doesn't seem that they will allow me to return part-time then full time as time permits. I am currently on full time short term disability. Will I loose my medical coverage or can my employer refuse to continue to pay their share of my health insurance costs?

I currently pay my employee share each month after I receive my disability check.


Tim - If you have used up all of your FMLA leave, your employer is no obligated to give you additional time off.  If you have not used it all, then a letter from your physician stating that you need additional time should be sufficient to extend your time on leave.

Employers are required to maintain your health benefits during your FMLA leave, but if you were allowed an additional non-FMLA leave time, your benefits would have to be paid by you.  

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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