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gummi
04-03-2007, 01:02 AM
Hi,

the company I work for was a joint venture of two large multinationals. These two companies recently merged and the small LLC I worked for was dissolved. Along with most of my colleagues I now work for the merged multinational organization.

I have been employed continuously for over 20 months now, but technically my employer changed due to this organizational restructuring.

Now I am pregnant and since it is only a couple of months that I've been officially employed by the multinational, I am worried I will not qualify for FMLA or California family leave, because I will not have 1250 hours service with my "new" employer by my due date.

Does anyone know how company takeover like this affects the one year/1250 hour employee requirement?

:confused: I would very much appreciate your advice while I await the response of my company's HR dept. :confused:

Thanks!

cbg
04-03-2007, 01:08 AM
It's after 4 in the morning where I am so I'm blanking out on what it's called, but your continuity of employment work in your favor. You don't have to have 1,250 hours (or 12 months) solely with the new entity; the time you were with the LLC will count.

gummi
04-03-2007, 03:48 PM
Thanks CBG,

I was told today that I do qualify for FMLA! I appreciate your response at such a late hour.

ElleMD
04-04-2007, 01:56 PM
Just for clarification, the term is "sucessor in interest" and the regs can be found at 29 CFR 825.107. At 4 AM, the term not only escaped me as well, but so did my intention to post this info when I was more alert.

cbg
04-04-2007, 02:03 PM
Thank you, Elle, that was exactly what I was trying to think of.

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