When both husband and wife work for the same employer, sometimes leave is limited to 12 weeks between the spouses, and sometimes they both get 12 weeks of leave. Today, we let the “FMLA Bible” sort it out.
When Leave Is Limited
When two spouses work for the same employer, the amount of FMLA leave is limited to an aggregate of 12 weeks when the leave is for:
- “Bonding” (the birth, adoption, or foster care placement of a child)
- Qualifying exigency
- To care for the employee’s parent with a serious health condition
When Both Get 12 Weeks of Leave
However, in the following cases, each spouse is allowed 12 weeks’ leave, (less any bonding leave taken by that spouse).
- To care for a sick child
- The employee’s own serious health condition
Example:
John and Jane Doe both work at ABC, Inc. When their daughter is born, they can each take 6 weeks of leave to care for the newborn. John and Jane have now exhausted their 12-week “bonding” leave allotment.
However, they each have 6 or more weeks of available leave for other qualified purposes. Thus, if John suffers a back injury later in the year, he can take up to 6 weeks of leave (depending, of course, on medical necessity).
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Servicemember Caregiver Leave
A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 26 workweeks of leave during the “single 12-month period” if the leave is taken:
- For the birth of the employee’s son or daughter
- To care for the child after birth
- For placement of a son or daughter with the employee for adoption or foster care
- To care for the child after placement
- To care for the employee’s parent with a serious health condition
- To care for a covered servicemember with a serious injury or illness.
This limitation on the total weeks of leave applies to leave taken for the reasons specified as long as a husband and wife are employed by the “same employer.” It would apply, for example, even though the spouses are employed at two different worksites of an employer located more than 75 miles from each other, or by two different operating divisions of the same company.
On the other hand, if one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 26 workweeks of FMLA leave.
It’s an almost overwhelming task to keep up with the FMLA, and the recent, far-reaching changes haven’t helped. And that’s to say nothing of the devilish complexity of marrying FMLA with ADA and workers’ comp. Good news! BLR’s editors have gone the extra mile to get your comprehensive compliance guide up to date.
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The Family and Medical Leave Act Compliance Guide includes:
- Leave law overview
- All the new forms and advice on how to use them
- Practical guidance on implementing all aspects of the new rules
- Analysis of federal and state laws, what they require, and how they interact
- Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers’ comp, and military leave
- Recordkeeping and reporting requirements
- Reasonable accommodation
- Sample policies and forms
- Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about
Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.
This Daily Advisor article appears to give contradictory information when you compare the Servicememeber Caregiver Leave to the first section on When Leave is Limited. What do the first 5 bullets under the Servicemember have to do with a 26 week leave to care for a wounded servicemember?