I also agree with everyone else. I was an HR Manager, and according to the law, after your FMLA is used up your employer can terminate you and your benefits. You would then be offered COBRA coverage for 18 months, and in some cases up to 24 months depending on the circumstances (because you can appeal to your past employer for a COBRA extension, but they can opt to charge you 1 1/2 times the COBRA rate).
In my case, I had a heart attack shortly following my breast cancer and my employer chose to "change" my job description. Stating they believed that I could not fulfill my job duties as an HR Manager and Safety Director. (Even though there was a male in a position more physically demanding than mine) Of course, I knew the law...and my next phone call was to the state (PA) regarding ADA! Needless to say, they found our quickly that you don't pull things like that on someone who knows the law! LOL Best of luck & hugs, Lisa

Benefits and termination really depend on your state and your employer's disability plan. I live in GA (an at will state) and the last time I was off on FMLA, January 2009, exactly 2 weeks after returning to work I was terminated with my employer stating that I did not have the skill set for my job. This was a position I worked for 5 years and always rated meets and exceeds during review time. I was able to negotiate a good severance package for myself with 100% pay and benefits for 6 months -- after it ended I got unemployment and also filed a discrimination case, which I won, with the EEOC. Their reason for termination also helped when I filed for disability. Initially, I took the situation personally -- then I realized for 3.5 years I spent as much time on FMLA as I did at work. It is a psychological toll when you lose your job due to a serious health issue, but at the end of the day I realized my healing process was better being at home each day without the stress of deadlines at work. I had been a hiring manager with a previous employer and finally evaluated the situation from a business prospective and realized my company (a Fortune 50 company) had carried me for a long time. My previous employer (also a Fortune 50 company) was self insured and had much better disability (short and long term) plan. Even in the worst situations there is always some good! With faith and prayer, it all works out to your good!

NO that is against the law however they can terminate you after your return to work for three days on the payroll. That is legal. Or was years ago. I have been out of the HR for 15 years but employment law is law!

I found this site today. Good info -
http://www.disabilitysecrets.com/resources/disa...

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.
( http://www.dol.gov/whd/fmla/fmla-faqs.htm )

This say basically after 3 months if you do not return to work they are not required to hold your job. Some companies will, but it is completely up to them. The only thing they legally have to do at that time is give you the option to take COBRA insurance, although without a job most people cannot afford to pay for COBRA insurance. This is FEDERAL LAW, so it is the same State to State. Not sure where people were coming up with 4 month periods, but it is only 3 months of unpaid leave and after that you are at the employer's mercy. One thing - if they "replace" you, i.e. hire someone during that initial 3 month period when they MUST hold your job, and then turn around and tell you later they have no job for you - you can fight that. You most likely can sue for back wages and possibly get your job back. The law firm I work for tried to do this to me, but I challenged them and I got my job back.