My wife had our baby three weeks ago. The company she works for had four locations with over 50 employees. In the last year the company sold the other locations. Now it only has 15 employees. Is she still covered by the FMLA?

The company also notified her and said that they are cutting of her medical benifits if she is out of work for more than 12 weeks. Can they do this?

Please help. We reside in California.

The company she works for had four locations with over 50 employees. In the last year the company sold the other locations. Now it only has 15 employees. Is she still covered by the FMLA? I can't tell if she was ever covered by the FMLA. Were there 50 or more employees at her worksite or within a 75-mile radius of where she works? If no, then the FMLA never applied to her. If yes, then it now applies IF there were 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceeding calendar year.

The company also notified her and said that they are cutting of her medical benifits if she is out of work for more than 12 weeks. Can they do this? Yes. They may also terminate her employment if they wish to.

Thank you for the help. We are definitely going to have to make other arrangements.