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I am the HR Director in a community health center in Florida. In September 2012, we absorbed some patient clinics from the local Health Department. We also interviewed many and hired 17 of their employees who had been scheduled to be laid off.Prior to this transition, we did not have 50 employees and were not considered a covered employee for purposes of FMLA.Since we hired additional staff in September, we now have more than 50 employees. We have since passed the 20 consecutive weeks of having more than 50 employees, becoming a covered employer as of February 5, 2013.The Health Department remains a separate entity, still providing services to the community. The transition of patients and some staff was not a merger or an acquisition.The employees from the Health Department were not “acquired”; they were considered new hires.Today, I received a request for FMLA from one of the former Health Department employees, who was hired in September 2012. She has not been employed at this health center for 12 months, nor has she worked 1250 hours, so I would not consider her as eligible for FMLA.But, I am concerned about the possibility of the community health clinic being considered a successor in interest in this situation, even though the Health Department remains a separate business in the community.Would I be correct in denying FMLA to this employee until she has been here for 12 months?Any thoughts are appreciated!