If another company acquired our company last month, can my employee still take FMLA/CFRA for her pregnancy and child bonding?

The answer to that question depends on whether the new company will be considered to be a successor in interest for purposes of the Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA). A covered employer for purposes of FMLA/CFRA includes a successor in interest. FMLA regulations provide guidance to an employer on this issue.

Several factors need to be reviewed as well as the totality of the entire circumstances of the acquisition to see whether the employee will have rights to FMLA and CFRA leave with the new company given that she has worked only one month with the new company.

If the new company is found to be a successor in interest, then the employee would be