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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My daughter-in-law has worked company years. As

Customer Question

My daughter-in-law has worked for a company for 5 years. As of this week, management has given more than 1/2 the staff, all but 12 ees, 60 days notice of termination. She is one of the 12 remaining; 4 have already requested inclusion in the first group, so 8 people or fewer will be on the ee roster in 60 days. The company is now considering closing this location entirely.
She previously applied for and was approved to take fmla on July 9 for delivery and care of her newborn child. If the company folds after the 60 days (or even before), how would this effect her fmla? Because the company will still exist in NY and PDX (her paycheck comes from NY), will she still be able to take the FMLA and CFRA she was planning on and, thus, be able to collect SDI and PFL income during this leave?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. FMLA does not provide absolute job protection, it only prohibits an employer from terminating an employee BECAUSE that employee is absent from work. So, if the company winds up folding before your daughter takes her leave and she winds up losing her job as a result of that, the FMLA will not help her. She would not be losing her job because she was absent from work but rather because of the company's restructuring. The good news is that SDI and PFL are not contingent upon being employed. So, those benefits should not be affected. Your daughter-in-law would apply for those benefits as she otherwise would. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.