Question:

I am 21 weeks in remission from breast cancer, still have hormonal therapy , doctor and lpab followups every three months with a current diagnosis of cancer. My employer states that I am not eligible for FMLA and that when I took intermittent leavre last year for treatment I was only eligible for 60 days under FMLA. Is this correct?

Response:

Your 12 weeks of leave is generally based on a rolling calendar year, so you would have to wait a full 12 months before the leave would start over, check with your employer to be sure that they use that method.
There were recent changes to FMLA that went into effect as of January 16, 2009 that discussed chronic serious medical conditions, the FAQ published by the Department of Labor explains the changes, and the second question touches on your situation.
http://www.dol.gov/esa/whd/fmla/finalrule/NonMilitaryFAQs.pdf
Lastly contact your local DOL office to see if there are any state laws that might need to be met prior to taking FMLA.
http://www.dol.gov/esa/whd/america2.htm