I HAVE RETURNED FROM knee SURGERY and I was out six weeks and NOW I NEED A SURGERY FOR A TORN ROTATOR CUP which will take 10-12 weeks of recovery that is more than 12 weeks for my job to be secured is this correct? Are they a waiting period for 1 year before I can claim F.M.L.A. AGAIN FOR THE ROTATOR SURGERY?
1 Answer from Attorneys
The FMLA permits up to 12 weeks of job protected leave for covered conditions in any 12-month period. For example, if the employee took FMLA leave from 11/1 - 12/13/12, the employee has used 6 weeks and has an additional 6 weeks of FMLA leave remaining until 12/13/13, at which point the employee will have another 12 weeks of FMLA leave available.