Legal Question in Medical Leave in Florida

I'm sorry to hear about your conditions. I hope treatment goes well.

The FMLA provides up to 480 hours (12 weeks) of leave protection per 12-month period (the company decides how to count the period - it can be calendar, or anniversary, or "rolling", i.e., counted from the last time leave was used). So, it would not cover you for a full year of leave.

You should definitely request FMLA (you will likely be asked to submit a certification from your doctor), and make it clear that you intend to return to work (if that is accurate). But, if you know for sure that you will be out more than 12 weeks, then you should review your company's policy on leave without pay or perhaps sabbatical-type leave, and see if they are willing to work something out for you (talk to your manager and HR). Unfortunately, most companies can not afford to wait so long for someone to come back and prefer to replace the person, but perhaps your company is willing to work with you.

One other thing to be aware of - you need 1250 work hours per year (actual work), to be eligible for FMLA (and also need to have been continuously employer for more than 12 months as some point). So, after you use your first allotment of 480 hours, you would not be eligible for FMLA protection again until you return to work and work 1250 hours.

Of course, if there is any way to keep working while doing the treatment so that you can stretch out the 12 weeks of protection without jeopardizing your health, that is the way to go to protect your job. Perhaps you could work 2 or 3 days per week, and have the treatment and recovery time the other 4 or 5? That would stretch it out 20 or 30 weeks, you would still be earning time towards the next allotment of FMLA protected leave, and then you could reassess the situation when you get close to the end of the 480 hours. Of course, speak to your doctor about that.

You might also talk to your employer about part-time work or work at home, if either is medically possible and possible for your type of work.

Last, note that your conditions are considered disabilities, so if you can work at all, you are entitled to reasonable accommodation under the Americans with Disabilities Act. Job-restructuring and leave can be reasonable accommodations under the right circumstances, but only if you can work. If you can't work at all, you are not entitled to accommodation. So, if you can work, then ask for accommodation as well as FMLA protection. Be willing to work with your employer to find a reasonable solution that helps you and also takes account of the company's operational needs.

Good luck.