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FMLA for Spouses/Key Employee

ccprchrccprchr 2 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
A husband and wife who are both employed with us are requesting FMLA for the birth of their child. I know together they get 12 weeks. Does that 12 weeks have to be split 6 weeks for each or could it be split in any other way, i.e. 9 weeks for one and 3 weeks for the other, etc? Also, if the husband is a key/ highly compensated employee, do we have to grant his request for FMLA? If not, would the wife be granted the total 12 weeks?
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    The employees get to choose how they want to divide the 12 weeks.

    As far as being a key employee, I've asked all my HR and attorney buddies and none of them have ever used the key employee thing to deny FMLA because it's so fraught with proof problems. You could prevail, but you'll spent a bundle proving that they are key employees. It's easier just to give them the FMLA.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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