I have my surgery scheduled for March 7th as soon as I found out a couple of days ago I sent human resources an email to request time off.

She didn't respond to me yesterday so I called her today to make sure she got my email. She then says I have to look at your file because last year you took time off and you may have exhausted your FMLA.

Last October I took off 2 weeks because I was very stressed out and my doctor recommended I take the time off. I believe we should have 12 weeks in a 12 week period for FMLA, correct me if I'm wrong.

The Human Resource person is saying you have to take the 12 weeks for the same medical issue???? Is she correct? Does anybody know about this and can explain it to me. I have a feeling she seems annoyed at my request.

You can have multiple FMLA certifications at one time (that expire after 1 year). Each certification should cover one specific illness. Your 12 weeks are per calendar year, and accumulate for all the certifications. For example if you missed 2 weeks due to stress, and you recertify for this surgery, you have 10 more weeks of coverage under FMLA. If a full 12 months advances from the time off due to stress, the days will start to fall off and your FMLA accumulation will replenish (for any current FMLA cases you have open & active).

Bottom line is you need a new FMLA certification for this surgery as it wont be covered under your one you got for stress. Hope that helps.

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Edited February 20, 201610 yr by HopeandAgony