FMLA at new company post acquisition

[grace__gk]

Hi, I worked at a small company < 50 people for 1.5 year and the company was acquired by a larger company covered under FMLA 4 months ago. Everything remains unchanged (same location, title, boss, even paycheck) so I'm sure the new company is a "successor-in-interest". I'm 7 months pregnant and I wonder if I'm qualified for FMLA even though my previous company weren't. I was reading different materials and it mentions that the covered company (if determined a successor-in-interest) will have to count the service time in the previous company, but it was not cleared as to whether the previous company MUST be covered under FMLA too.

Please advise! THanks a lot!

 

[esteele]

Since your prior employer was not "covered" under the statute, I doubt your current employer could be a successor for FMLA purposes.

However, you should go to the U.S. Department of Labor web site to undertake a little FMLA research. I suspect the agency web site can provide an answer to your question.

Please follow up with a post letting us know what you find out.

 

[army judge]

OP, how do you believe FMLA could be of value to you?

Assume it is applicable, what result are you trying to achieve?

 

[cbg]

Are you kidding, AJ? She's pregnant. She's going to need medical leave. That's classic FMLA.

 

[army judge]

Are you kidding, AJ? She's pregnant. She's going to need medical leave. That's classic FMLA.

No, cbg, I'm not kidding.
But, you know why I'm asking.

I have no doubt she'll get the leave (time off).

But, most people expect it to be paid time off.

They're surprised when they learn the law requires their employer to grant the time off, only not with pay!!!

 

[grace__gk]

Hi all, The reason I was asking about FMLA is because I want to know if my job is protected. Actually, I will taking FMLA concurrently with disability and followed that with CFRA. I am fully aware of the fact that FMLA is unpaid leave. Both FMLA and CFRA are unpaid leaves but they provide job protection, to my understanding.

To Esteele, I only know that a company is required to cover if there are > 50 employees and since the original company I worked in have less than that I'm not sure if the time I worked there would count. BUt this is a full acquisition and there's no change in work, structure, office space, pay, even paycheck so I thought that means this new company is the "successor-in-interest" based on some research I've done.

Thanks for your help again.

 

[army judge]

OP, that job protection stuff isn't all they say it is, either.

Read some of the abuses people have suffered.

Just search the forum.

It'll open your eyes.

Bad things do happen, despite the laws the government touts.

Know this, the government isn't there to protect you.

They are there to screw you, fool you, and take your money!