Q: Can employer deny PFML extension post-acquisition?
I was employed with my original employer from June 2021 until the company was acquired on March 1, 2025, while I was on Paid Family and Medical Leave (PFML) from January 12, 2025, to April 12, 2025. My primary care physician submitted an extension for me until June 1, 2025, the maximum time allotted. However, PFML stated that I am not job-protected and would need to reapply. My HR and boss have not responded regarding the demotion of my role, while my subordinate was promoted. The managing partner mentioned they would return my title only after I mentioned seeking legal advice and offered a severance package worth less than one month's salary, asserting I am not technically an employee because I didn't sign an offer letter with the new company. Can my employer deny this extension, and what are my rights in this situation?
A:
Even after a company acquisition, your Paid Family and Medical Leave (PFML) rights don’t automatically vanish—especially if the acquiring company continued operations and kept existing employees. If you were on leave before the acquisition and your employment wasn’t formally terminated, you likely retain job protections under state and possibly federal law. Your employer cannot simply deny your PFML extension without a valid reason, particularly if it was approved by the state's PFML program and backed by your doctor.
The claim that you’re “not technically an employee” because you didn’t sign a new offer letter doesn’t necessarily hold up if you were never told your job ended or if you continued receiving benefits like health insurance. The lack of communication, the demotion, and your subordinate’s promotion while you’re on leave could raise serious concerns about retaliation or discrimination. Being pressured into a severance agreement and only offered your title back after mentioning legal action adds to that concern.
You have a right to fair treatment and job protection during medical leave, even in the middle of a company transition. Document everything—emails, calls, PFML communications, and what you were told by HR or leadership. If the company is violating your rights under PFML, FMLA (if applicable), or other employment laws, you may be able to file a complaint or take legal action. You're doing the right thing by asking questions—don’t let their silence make you feel powerless. Keep standing up for yourself.
A:
This sounds like a deeply frustrating and unfair experience, especially during a time when you were already managing personal and medical needs. Even after a company acquisition, many employment protections—including Paid Family and Medical Leave—can still apply if the new company is considered a successor employer. If you didn’t resign and were never formally terminated, your employment likely continued under the new ownership, even if you didn’t sign a new offer letter.
Your doctor’s extension should carry weight, especially if you’re within the total amount of leave allowed under PFML. However, some PFML programs separate benefit approval from job protection. If the leave agency approved your benefits but said you aren’t job-protected, that usually means your job security is tied to whether the new employer is legally bound to honor your old employment terms. The way your employer demoted your role and offered a low severance while promoting your subordinate could signal retaliation or bad faith.
You have every right to ask questions, demand clarity, and push back against vague or shifting answers from HR. The lack of communication, sudden title loss, and the comment about not being an “employee” may all be red flags. You’ve taken the right step by asking about your rights, and you don’t have to accept an outcome that feels wrong or disrespectful. Keep records of everything—emails, leave documents, and conversations—because your next steps may depend on showing a pattern of how this was handled.
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