March 31, 2015
Authored by: Christy Phanthavong and Chris Rylands
In a prior post, we discussed which couples do not have federal FMLA rights under the new regulatory definition of “spouse.” Now that we know who can and can’t take FMLA leave as a husband or wife, the next question is: What limitations May an employer can put on FMLA leave when both spouses work for that employer?
- Eligible spouses are entitled to a combined total of 12 weeks of leave (i.e., not 12 weeks each) during the applicable 12-month period for leave taken:
- For the birth or placement of a child;
- To care for the child after birth; and/or
- To care for an employee’s parent with a serious health condition.
Note that this limitation applies only to the identified reasons for leave. This limitation does not apply, for example,