Leave for Birth

gloria pace

It was my understanding that if a couple is married, between both parents they have 12 weeks
of leave.

If the couple is not married, each can take 12 weeks off.

Is this correct or has there been changes that I may not be aware of?

Help Please!

deniseE

Every individual is entitled to 12 weeks of leave. The only exceptions are if they are a high level ee that doesn't qualify under FMLA...(very few fit this category), if the ee has not been employed long enough to earn FMLA protection, OR if both partners work for the same company. If this is the case, then the company can choose to limit leave to 12 weeks between them.

psrcello

You're correct, if both parents work for the same employer and they are married, the parents are eligible for a combined total of 12 weeks for birth or adoption of a child. Oddly enough, this limit also applies to care for the employee's seriously ill parent, even though in-laws don't qualify an employee to take FMLA leave!

Beyond that, each spouse would have the remainder of the total of 12 weeks to take for another reason, such as their own serious health condition.

The regs are very specific to define this as applying to "husband and wife" - so, I think it's safe to assume that if the couple isn't married, each could qualify for the full 12 weeks subsequent to the birth or adoption of a child/