Season of sharing: When spouses must share FMLA leave

November 20, 2024

Under the federal Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of job-protected leave. In some situations, however, married employees who work for the same employer may be required to “share” their FMLA leave.

Spouses who work for the same employer share a total of 12 workweeks of FMLA leave per leave year only for:

The birth of a child,
Placement of a child with the employee for adoption or foster care, or
Care for a parent with a serious health condition.

Spouses who work for the same employer also share a total of 26 workweeks of FMLA to care for a military family member with a serious injury or illness.

Spouses who work for the same employer don’t share the 12 workweeks of FMLA for:

Their own serious health condition,
To care for a spouse or child with a serious health condition, or
Due to a qualifying exigency.

For these reasons, each employee gets their own batch of 12 workweeks of FMLA leave in a leave year.

The employees must be married, as defined by state law. This provision does not apply, for example, to domestic partnerships or employees who are engaged.

To illustrate

Charlene and Wilbur are married, and they both work for the same employer, but at different departments with different, but nearby locations. They are both eligible for FMLA leave and each has 12 workweeks of FMLA leave available when Charlene gives birth to a healthy, newborn baby.

Charlene uses 6 weeks of FMLA leave for her own serious health condition following the birth and an additional 6 weeks of FMLA leave for bonding. Wilbur also takes 7 weeks of FMLA leave to bond with their new baby and has another 5 weeks of FMLA leave available for other FMLA-qualifying leave reasons.

Together, Charlene and Wilbur use a combined total of 12 workweeks of FMLA leave for the birth of their child, including bonding time. Charlene also uses 6 weeks of FMLA leave for her serious health condition of giving birth, and Wilbur has an additional 6 weeks of leave remaining for other FMLA leave reasons in the leave year.

Don’t forget that state laws might have more expansive protections.

Key to remember: Married employees share the 12 weeks of FMLA leave taken for certain reasons, but not all reasons.

Publish Date

November 20, 2024

Author

Darlene Clabault

Type

Industry News

Industries

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