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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37855
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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My husbands fmla for a neck fusion will run out on 8-29-17.

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My husbands fmla for a neck fusion will run out on 8-29-17. There have been complications that recently surfaced concerning his esophagus that are directly connected with the next surgery. Can this fmla be extended for the treatment needed for his esophagus or can this problem be combined with a new fmla he is starting for lowere back surgery on 9-14-17?
JA: Have you documented this or discussed it with HR?
Customer: The esophagus problem is medically documented. We are just now having a new fmla wrote up by his surgeons office for the lower back but weren't what our options are for the esophagus problem. Nothing has been discussed with his works HR dept. they have been very difficult to work with during the past fmla for his neck surgery
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It is a full time job and the past fmla was wrote up as intermittant
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I'd like to welcome you as a new member of the site. Please remember that the experts on site that assist you are not site employees and we are only paid for our help when you rate our service to you. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. When you say that the FMLA is running out, do you mean that he will have used the 12 full weeks allowed under the law, or that his doctor has him out on disability only until 8-29?


Customer: replied 1 month ago.
It will have been a year since the fmla was filed on 8-29-17. I don't believe husband used the whole 12 weeks during that time due to the fact his fmla was intermittent and he took time as he neede for doctors visits or time off for pain.

Which of the 4 ways of calculating FMLA leave eligibility does your husband's employer use? See this article:

I ask because you are acting like the employer is using the a 12-month period measured forward from the first day of FMLA leave. But if the employer uses a different model, it could result in a different answer from me.


Customer: replied 1 month ago.
It is my understanding this is the case


All right, thanks. If the employer uses this start date plus 12 months, then there is no way to extend the time left over from the intermittent leave over the past year.

What will happen is that on August 30 he will be in a new claiming period and start all over again on the 12 weeks. So, he will have to combine the upcoming back surgery time with any time after 8-30 he needs off related to his esophagus complications.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


LawTalk and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.