My FMLA has been revoked by my employer

[JEBANDLE]

I am an employee of a mortgage servicing company in California. I am currently using FMLA as are two of my other co-workers. Today the company found out that because we have less than 50 employees in a 75 mile radius, they don't have to give us FMLA, so they notified us that as of September 1st our FMLA will no longer be honored.

Can they do this? Can they revoke a benefit that they have already approved?

[LConnell]

So, you are on leave right now? And, what is the reason for your leave? Pregnancy?

The reason I ask is that if you are not on leave at the present time, your employer may be able to make the change as long as they are providing you with notification.

Employers may not make the change for certain conditions. For example, pregnancy has its own protections under CA law.

Also, if it appears that the employer has done this against those with disabilities, it may appear as discriminatory against those persons.

I would talk with an attorney about this. Most attorneys will provide you with an initial consultation without charge.

[JEBANDLE]

I am currently on intermittent FMLA for severe allergies. It was approved by my doctor and submitted to my HR Deparment on 5-25-05. I was told by my employer that there was not a waiting period before the benefit began and I was never told that it could be taken away at any time. Can you suggest a lawyer?

[LConnell]

I can't suggest a lawyer. I'm sorry.