FMLA and Layoff

[CBREEZ]

My question involves labor and employment law for the state of: TEXAS

I am on FMLA and have been layed off. When I get a new job do I still have to work the 1250 hours with the new company before I can have my FMLA restored? I know that to be eligible for FMLA you have to be with the employer 12 months and have worked 1250 hours but was just wondering if there were any special rules applying when you have FMLA in place but are layed off by your company.

[jk]

new company; you start over.

[cbg]

FMLA eligibility is not portable. When you start a new job, regardless of why you started a new job and regardless of whether you qualified for FMLA at your old job, you have to start from the beginning. You will not qualify for FMLA at your new job until you have worked 1,250 hours at the new job AND have worked at the new job for no less than 12 months. And of course, you will only qualify for FMLA at the new job if your new employee has 50 or more employees at your location.