Legal Question in Employment Law in California

Under FMLA rules they are only obligated to protect you job return rights for 12 weeks. You can be terminated after that if you don't return to work. IF the company has additional guaranteed leave time about FMLS limits, then you are entitled to that as well. Sounds like 60 days is provided. This company sounds like they are being sympathetic and supportive, but there are limits to their generosity. Discuss and negotiate with them in good faith. Seek an extended leave agreement.

Under state and federal law, employers of 50 or more employees are only required to allow employees to take up to 12 weeks off to care for a seriously ill family member such as a spouse, within a 12 month period. There is no requirement that an employer provide extended care leave beyond those 12 weeks, although some companies may voluntarily provide such benefits to its employees.

It sounds as though your employer has some form of extra leave policy but you would need to obtain a copy of it for anyone to be able to review and assess it to determine any potential contractual obligation it may have. What I can tell you is that there is no legal obligation an employer has to provide indefinite leave for an employee in your situation.

I realize you are forced to make a difficult choice. If there is more to the story than has been posted here, you should consult with an experienced employment law attorney to evaluate your options.