quick response please

njjel

We recently had a smaller company merge with us. As far as FMLA regs go does the time they spent with the other company count toward qualifying for FMLA with us, the new company? They had under 25 employees and did not have FMLA previously. Now one of the ee's wants to go out on FMLA leave for maternity. I'm thinking that she qualifies (she's been with the other company over 12 months).

I posted this in two spots hoping for a quick response.

Pork

Njjel: I for one would jump at the opportunity to show good will and acceptance of the smaller merged company personnel. You would be correct to count the time served in the other company. Put your self in their shoes and the smaller company merges the larger company into their company, would you not want your time with the larger company counted in their FMLA (non-exsisting policy or benefit)? Of course you would! Merge them into your benefits in every case unless your plan document has a written provision which would stop your efforts "to do the right thing" by these new but old employees. Pork

Sorry no one else has responded to your concerns with "quick help" maybe they responded at the other posting.

Crout

This is one heck of a great question. For the purposes of FMLA, I believe that your company would be considered a "successor in interest." The following quote is from 29 CFR 825.107.

"A successor which meets FMLA's coverage criteria must count periods of employment and hours worked for the predecessor for purposes of determining
employee eligibility for FMLA leave."

njjel

Thanks for the responses. I had no problem extending the leave at all. My question was did we HAVE to per the law and I believe Court has answered that! Thanks again. (Actually she has already told us she is not returning, but I wanted make sure i covered all the bases here.