Is my Employer Required to provide FMLA leave?
Yes, the company does have to provide it provided that you’re entitled to it. There really is no ifs, ands, or buts about it. You’re entitled to 12 weeks, no more, so if you can’t come back to work on that first day after the 12 weeks then you don’t enjoy the protection anymore. Again, there may be some other protections you might enjoy under the Americans with Disabilities Act, or some other legal basis, but not under the Family Medical Leave Act.
Those particular claims can be very tricky because when your doctor releases you to come back to work the timing of that can be very important, and so you want to work with a lawyer and your doctor to make sure that you’re medically treated and you’re taking care of your health, that’s really the most important thing, but you don’t want your doctor to say, “Well, I will give him 12 weeks,” when they really could give you 11 weeks or 12 weeks, and comply with the statute.