Q. We bought a company and agreed to consider hiring the seller’s employees. We interviewed and hired some of them. One of the employees was out on and is telling us that we have to hire him. We looked at his work record and we would never hire him. Do we have a potential problem?—R.L.B.
A. You may well have a problem. The guarantees employees an unpaid leave of up to 12 weeks in a year. You will have to determine how much of his leave he had already used before you purchased the company. If the former employee had not used all of his FMLA leave, the issue is whether a purchaser has to honor the FMLA leave rights of employees of the seller. The U.S. Labor Department takes the position that a “successor” employer must honor the FMLA leave rights of employees of a seller, and the courts are following the department’s lead on this issue.
Tip: Make sure that both your organization and the seller are employers covered by the FMLA and that the employee is seeking to come back before his leave time has run out.
- Must we let workers on FMLA leave use sick leave?
- Requesting light duty isn't an official FMLA request
- Intermittent FMLA leave may open accommodation door
- Employee being disciplined suddenly gets 'sick'? Don't fall for ruse invoking FMLA protection
- Don't fire before knowing employee can't return from leave