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Combined FMLA

SMaceSMace 1,481 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Spouses that work for the same employer get a combined 12 weeks for birth of a child. If they are not married they could get 12 weeks each. Is that correct?


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  • marcmarc 3,126 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 08-04-04 AT 12:15PM (CST)[/font][br][br]I think you are reading it correctly. Even though the Act defines Parents and Children in the biological sense or the "in loco parentis" sense, the combined 12 week section definitely refers to a spousal relationship. So if they are not married and having kids, they each could get the 12 weeks.

    Looks like an oversight to me. If the intent was not to overburden the company, they missed this possibility.
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  • Don DDon D 9,834 Posts
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    Wrong Marc! It was no 'oversight'. The Democrats slipped this one into the law. They don't intend that marriage be an ultimate goal of a familial relationship. As is the case with the joint filing marriage penalty, this is another example of the influence of the Democrat party on American labor law. x:-)
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