Hello,
My husband and I both work for the same large company in PA. I am currently 6 months pregnant and will be using my STD and FMLA for when I have the baby. My husband would like to take time off too (hopefully two weeks) under FMLA. Our company told us we need to "split" the FMLA time between the two of us. I haven't heard of this before. Can anyone shed any light on when a company would make a couple "share" FMLA time?
Thanks.

No you are not required to share your FMLA entitlement.

FYI - federal FMLA allows a combined total of 12 work weeks of family leave for the birth and care of a newborn (also includes adoption) - if the spouses are employed by the same employer.

Agreed. josephanne, between you and your husband you have a total of 12 weeks of FMLA time due to the birth of your baby. If your husband wishes to take two weeks of FMLA, then you have ten weeks of FMLA. There's nothing preventing you and your husband from asking the employer if he can take two weeks of unpaid personal leave time (or vacation) if you want to take off the full 12 weeks and see what they say.

Thank you all very much! I thought FMLA was per employee, not employee and spouse. But thank you for the clarification!

It is per employee except when it comes to the birth of a child (or adoption or foster care placement) AND both spouses work for the same employer.

If a husband & wife work for the same employer, in two circumstances the employer can limit the employees to a combined total of 12 wks of FMLA. They are for the arrival of a new child & for an employee's parent with a serious health condition. The limitation does not apply when married employees take leave for their own serious health condition or for the serious health condition of a family member other than a parent.

Betty, are you sure about that second one? If I have a parent with a serious health condition I'm entitled to FMLA to care for him or her, but even if my husband works for the same employer in-laws are not covered so he would not qualify, or so I thought.

FMLA does not cover in laws.

in two circumstances the employer can limit the employees to a combined total of 12 wks of FMLA. They are for the arrival of a new child & for an employee's parent with a serious health condition.

The latter doesn't apply since in-laws aren't included as family members in the FMLA.

Betty, are you sure about that second one? If I have a parent with a serious health condition I'm entitled to FMLA to care for him or her, but even if my husband works for the same employer in-laws are not covered so he would not qualify, or so I thought.

Hi cbg. See the end of FMLA statute 2612 (leave requirement) - combined 12 wks. for birth/placement of child or care for a sick parent. You have parents & your husband has parents - seems you can't each take off to care for a parent of yours for more than a combined 12 wks. (same employer) That's the way I'm reading it.

Maybe it's referring to two siblings who work for the same company? If their parent is ill, maybe they can only take 12 weeks combined???

And I retract and agree as well. I was confusing this poster with another poster that had complications with the birth sorry for the misinformation josephanne. Here is a web pointer to the specific information the other posters are refering to.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.202.htm

By the way congratulaions on your pending parenthood and enjoy every minute with your new arrival. Time flies by when they are little and before you know it they are off to college and into adulthood. Good luck to you.

BTDT

Okay, I can see an argument that a husband and wife have a combined 12 weeks each to take care of their own sick parent. I was reading your statement as including inlaws, which is not supported by FMLA.

Right, that's what I meant - their own parent -- law says no more than 12 wks. combined to care for sick parent - (in-law wouldn't be a parent). You could take off six wks. to care for one of your parents & your husband could take off six wks. to care for one of his parents - then that's it for FMLA. (during any 12 mo. period) I'm going to the Cards game tonight - we play SF & Barry Bonds.

Good luck and have fun!