FMLA-Merging with a new company

[docgirl1234]

I work for a large group of privately owned physicians (35 or so) the three I specifically work for are going to be leaving the company and "merging" with a local hospital. We are going to have to re-apply for our positions. I'm four months pregnant and am already on FMLA thru the current company we are with. I've been told that I will more than likely have to re-apply for my FMLA as well. Can the hospital deny my FMLA because I wouldn't have technically worked for "them" for 12 months? I've worked for my physicians that are merging for almost five years

 

[mlane58]

Employees will generally maintain their rights under FMLA even if their current employer merges with or is acquired by another company. The conditions that must be met for the new company to be considered a successor-in-interest are the same conditions that were established under Title VII of the Civil Rights Act Those conditions, are as follows:

Substantial continuity of the same business operations
Use of the same plant
Continuity of the workforce
Similarity of jobs and working conditions
Similarity of supervisory personnel
Similarity in machinery, equipment, and production methods
Similarity of products and services
Ability of the predecessor to provide relief

If the new company is determined to be a successor-in-interest, the employees from the previous employer cannot be deprived of their FMLA rights, even if the new company is not considered a covered employer. If the successor employer is covered under FMLA, the time the employees worked for the previous employer must also be counted when FMLA eligibility is computed. For example, an employee who worked 10 months and 1,200 hours with the original employer would have to work only 2 more consecutive months and 50 more hours with the new employer in order to meet the 12 months and 1,250 hours eligibility requirement for FMLA leave.