FMLA for unmarried parents

charcol60

We have a situation where both the father & expectant mother are our employees; however, they are not married to each other (both are married to someone else). If I'm interpreting it correctly, FMLA regs state that SPOUSES get combined leave for the birth of a child. So in this case, since they aren't married (to each other), do we have to give each employee the full FMLA entitlement? Your opinion would be very much appreciated!

Still Need Coffee

I believe you are correct. Spouse is defined as (according to [URL="http://www.opm.gov/oca/fmla/"]this[/URL]):

Spouse. The definition of "spouse" has been revised to comply with the definition of "spouse" in the Defense of Marriage Act (Public Law 104-199, September 21, 1996). "Spouse" means an individual who is a husband or wife pursuant to a marriage that is a legal union between one man and one woman, including common law marriage between one man and one woman in States where it is recognized.

ACU Frank

At a previous employer, we had a situation in which a married employee got pregnant with a co-worker. Her husband also worked for us, at a different location. All three got leave, but that was due to an extremely permissive company policy. The husband actually used his leave to work out a transfer to a different city and move out of his house. It was a very sad situation, as you can imagine. It was also difficult for me to treat the two 'non-married' employees with the type of respect any HR pro should be able to muster.

charcol60

Thanks for your responses. I'm still not sure what we will do for the father with regard to leave - our policy is pretty generic and doesn't cover this scenario. I guess I will have to talk it over with his Dept Head..... And I know what you mean about the 'respect' thing. I'm amazed at how open they are being about the whole situation. I'd be horrified

FunHRBanker

If you are subject to FMLA, the father would still be eligible for 12 weeks of FMLA leave for the birth of his child.