I'm in the middle of going to paralegal school and just finished Employment Law. Based on what you've posted so far, maybe this will help you get your "ducks in a row". (sorry if it runs long, trying to help)...

FMLA applies as described above, 50 employees or more, 12 weeks per calendar year or 12-month period based on fiscal year or employee's anniversary date. Intended to cover time off for "serious health condition". The definition of "serious" is one of the most difficult areas of interpretation. Department of Labor regs define it as "illness, injury, impairment, or physical or mental condition that meets one or more of the following criteria:
1. Inpatient care;
2. Continuing treatment by a health care provider for
more than three days;
3. Any period of incapacity due to pregnancy or prenatal
care;
4. Any period of incapacity for treatment of a chronic
serious health condition;
5. Permanent of long-term incapacity due to a condition
which treatment may not be effective (ex. Alzheimer's,
severe stroke, or terminal stages of a disease;
6. Any period of absence for multiple treatments of non-
chronic conditions that would result in incapacity
for three or more days without such treatment (ex.
chemotherapy, radiation, dialysis, physical therapy
for severe arthritis; or
7. Alcohol or substance abuse.

Employees taking FMLA leave must show that their condition prevents them from performing the functions of the job. If a health care provider finds that he/she is unable to work at all, or unable to perform an essential function of his or her job. Requirement does not mean that the physical condition itself actually renders the person incapable of working altogether. If you got state disability, any reports by your doctor to the state, or forms you filled out to make the claim will be really helpful.

Employee returning from FMLA is entitled to be returned to the same position he or she held prior to taking leave, or to an equivalent position with equivalent pay, benefits, etc. Employer must reinstate the employee even if the employee has been replaced, or his or her position has been restructured to accomodate the employee's abscence.

HOWEVER, if the employee is no longer able to perform an essential function of the position, the employer has no obligation to return the employee to his or her prior position. This is true even if the inability results from the condition that originally entitled the employee to FMLA leave.

Even if you have received written notice that you are not going to be reinstated, you are still entitled to request reinstatement at the end of the FMLA leave period. Actually, it looks like any communication from your employer to you about the FMLA leave should have been done in writing, preferably certified mail with return receipt requested. You might want to ask the attorney if you should request reinstatement now. Take any correspondence from the company or write down the dates and content of any phone calls, along with who you spoke to. If you have an employee handbook, take it with you. If you don't, see if someone at work can get one for you.

All of these things will help the attorney analyze your case and take action on your behalf a lot more quickly. Hope it helps.