I was off work approx. 14 wks last year for my decompression surgery and now I have been off since first week of September for a back issue (not Chiari related) My employer told me that if I do not return by Dec 7 I will have to re-apply. My Doc will not release me to work before then!
I am not afraid that I will not get re-hired, as I am a meat-cutter and there aren't many with my skills in this area but I am not sure I will get re-hired at same pay rate as before. Plus I will lose the 6 years of accrued time for vacation.
Fmla is a federally mandated law, however each state has added different criteria and rules. In Wisconsin there is a Claus that stipulates that you don’t have to use your accured PTO where the federal says you do( or vise versa). Each state is a little different and you should check your state out first. With ever one protects the employee more is the one that wins out. Federally the law only gives you 12 weaks per year so your state must cover more weeks.
If you do loose your job they are required to pay your accrued PTO in most states. Most people do not know this and leave it owed to them, again it is a little different in each state.
I hope this helps I a small way, I know this a very confusing act to interpret with each state having their own provisions added to the mix.
Barb is correct, there can be various laws in each state in addition to the federal regulations, so be sure to check out the laws for your state.
I have an upcoming surgery and asked my employer what would happen if my leave exceeded the 12 weeks allowed by FMLA. I was told that I need for additional leave may be considered an accommodation by the ADA. Our benefits specialist who handles leaves of absence said this is something we can discuss if and when it becomes necessary, so it might also be something you can attempt to look into? Best of luck to you!