Q. Two of our employees live together but are not married. They want to takeat the same time after their child is born. Since they work in the same section, doing similar work, this would be a big problem. If they were married, we could make them share the 12 weeks. Can we force them to do the same even if they aren’t married? — A.Q., Iowa
A. That section of theapplies only to “spouses.” If your state recognizes common law marriage and the relationship of these two employees meets your state’s standard, then you can treat the employees as spouses under the FMLA. Otherwise, each would be entitled to take 12 weeks of leave for the birth of the child. It may seem unfair to married employees, but it’s the law.
- Weigh ADA, FMLA when considering return to work following disability leave
- What can we do? Employee may have been faking need for FMLA leave
- Route all requests for FMLA leave through HR
- OK to fire worker who has taken FMLA leave--but you had better be prepared to explain why
- Must we pay employee who takes family and medical leave to care for relative?