I'm currently employeed by Company AA (in Florida) and have been since May 2004. My company, which comprises of multiple companies with one HR department and one payroll employs approximately 80 people. I took FML starting 12/26/06 and returned 10 weeks later 3/5/07 for the birth of my first daughter. I'm currently pregnant and am due 2/25/08. I notified my co-workers of my pregnancy 8/24/07 and the HR dept of my intent to take leave 9/5/07.
Since then, I found out that effective 1/1/08, one of the Companies we own AB, will split off, from the parent Company AA, resulting in a dip in Company AA's total employees (to approximately 20 or so). While Company AB still has financial ties to Company AA (same partners and shareholders, inter company loans, tax filings, etc.), Company AB, will have it's own insurance benefits, HR dept, etc.
Since I am technically a member of Company AA, my HR department believes that they will not have to cover me for FML leave because they don't anticipate having more than 50 employees during the time that I will need to take leave.
Also, they believe that even if I were covered under FMLA, I couldn't start taking leave until 3/5/08, which is 12 months from the day that I returned to work.
It's my understanding, after doing research, that they are incorrect and that I'm eligible for FML leave effective 2/25/08:
1) Since I gave them ample notice of needing to take leave, even if their total number of employees dip below the 50 min, they still have to grant me FML because they had more than 50 at the time that I notified them of my intent;
2) even if the companies split , I would still be eligible because my employer would be considered a "joint or integrated employer" due to the partners, interest, financials, etc.;
3) they would be potentially mis-calculating when I'm eligible for FML because it should be 12 months from the time that I originally took leave 12/26/06, not 12 months from the date I returned.
Am I correct?