can you get extended FMLAmy husband has been fighting brain cancer for awhile now. just recently (middle of July) i took 2 weeks vacation time off, during that time he became more serious in his condition. so i took the FMLA witch started i beleave the beginning of Aug. he requires full time care at this time and things seem to be getting worse. my question is that if he stays in serious condition but still is here with us at the time that my FMLA will expire, will i beable to extend it? or what would be the next step i need to take?
State/Country relating to question: California
just the FMLA
Good afternoon,I'm very sorry to hear of your situation.I've been a licensed CA attorney for nearly 3 decades, and for two of those, I have handled employment law cases, both in and out of court.Unfortunately, even though CA is the most generous state in the US as far as job security is concerned for people needing time off to care for themselves or a family member with a serious medical condition, the FMLA is a federal act and there is no extension of leave available under this Act. After the 12 weeks are used up, you will not be eligible for additional time off under the plan for a period of at least 12 months from the first day that you took off under the FMLA.After the leave has been exhausted, you employer is not legally obligated to hold your job for you, and at that time, they may also terminate your health insurance coverage through the employer if you have not returned to work. This will of course constitute a Qualifying Event under COBRA and you will be able to extend your health coverage for you and your family for another 18 months.If you see that your FMLA is nearing exhaustion, you should speak with your employer/HR department about taking a leave of absence. They may be willing to allow you to take leave and still come back to your position if you return withing a specific period of time. And while they may be less likely to continue your health policy, if it a possibility, and if they do not, you could elect COBRA and then sign up the next open enrollment period presuming you are back to work by then.I wish you well in the difficult time ahead.I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.Thank you,Doug
27+ years legal experience. I remain current in Family Law through regular continuing education.
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