California  |  Medical Leave

I am sorry you are going through so much difficulty on both fronts. Unfortunately, I cannot provide you with any positive response. That is because the only laws that require employers to hold a position for an employee who must take medical leave for serious medical issues are the FMLA and CFRA, which mandates that employers of 50 or more employees, within a 75 mile radius, must allow qualified employees to return if they do so within 12 weeks. After that, there are no guarantees of job security.

It is not clear if your surgery is directly related to having had cancer (which is a protected medical condition) or some other disability, which would enable you to request a reasonable accommodation from this employer in the form of an extended leave. The fact that they did it once before, gives you some precedent to rely upon. But whether an employer must extend such a leave that long depends on many factors, not available here. If they can show that the extension would cause an undue hardship on the employer, they can justify refusing your request.

You should, at least, make a formal request for a reasonable accommodation and provide any medical documentation necessary from your health care provider. If there is a company policy on leaves of absence, become familiar with it. If you find this too overwhelming, consult with an employment law attorney in your area.