My question involves labor and employment law for the state of: California
Hello,
I'm having a problem with correctly determining my eligibility for FMLA.
Timeline
Nov. 15th, 2009 - Feb 15th, 2010 : FMLA (1st child)
Feb. 16th, 2010 - April 15th, 2010 : Leave (paid Cobra)
April. 16th, 2010 - Feb. 19th, 2011 : Worked 1201 hours
Feb, 20th, 2011 - present : hoping it to be FMLA. (2nd child)
As of 2/20/11, I have been on FMLA (so I thought) due to my 2nd pregnancy.
Sometime in March, I was notified in writing that I'm not eligible for FMLA because I didn't meet 1250 hours requirement from 2/20/10 - 2/20/11. (I worked 1201 hrs).
However, I was on a leave from during Feb. March. and part of April. in 2010.
And I was on my 1st FMLA from mid Nov. 09 to mid Feb. 10.
My question is Shouldn't my employer count my hours in Oct 09 because I was on leave during Feb, Mar, and April of 2010? My main concern is Health insurance.
Second question is I was notified that I'm not eligible for FMLA at least 2 weeks after my leave. Is that legal? If I knew earlier, I would've plan things differently.
Thank you for your answer in advance.

