825.202 - How much leave may a husband and wife take if they are employed
by the same employer?
- Standard Number: 825.202
- Standard Title: How much leave may a husband and wife take if
they are employed by the same employer?
- SubPart Number: B
- SubPart Title: What Leave Is an Employee Entitled To Take Under
the Family and Medical Leave Act?
(a) A husband and wife who are eligible for FMLA leave and are
employed by the same covered employer are permitted to take only a combined
total of 12 weeks of leave during any 12-month period if the leave is taken:
(1) For birth of a son or daughter or to care for the child after
birth;
(2) For placement of a son or daughter for adoption or foster care,
or to care for the child after placement; or
(3) To care for a parent (but not a parent ``in-law'') with a serious
health condition.
(b) This limitation on the total weeks of leave applies 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
12 weeks of FMLA leave.
(c) Where the husband and wife both use a portion of the total 12-week
FMLA leave entitlement for one of the purposes in paragraph (a) of this
section, the husband and wife would each be entitled to the difference
between the amount he or she has taken individually and 12 weeks for FMLA
leave for a purpose other than those contained in paragraph (a) of this
section. For example, if each spouse took 6 weeks of leave for the birth
of a child, each could later use an additional 6 weeks due to a personal
illness or to care for a sick child.