Both parents work for same employer
HR in VA
19 Posts
Our FMLA policy defines the 12 month period as Jan 10 - Jan 9 of each year. Employees can take up to 12 weeks for the birth of a child (to be taken within 12 months of the child's birth).
Our policy states that when both parents work for the same agency, the full amount of leave may be limited to a combined total of 12 workweeks in a 12 month period when the leave if for the birth, adoption, or foster care placement of a child.
Because of the way we have defined the 12 month period, it seems to me that if a baby is born (for example) in September; the wife could take 12 weeks off at the time of the birth, and we would have to allow the spouse to also take 12 weeks off if it was requested beginning 1/10 or later of the following year - because the leaves of absence would be in separate years - or is it 12 weeks total per event?
Our policy states that when both parents work for the same agency, the full amount of leave may be limited to a combined total of 12 workweeks in a 12 month period when the leave if for the birth, adoption, or foster care placement of a child.
Because of the way we have defined the 12 month period, it seems to me that if a baby is born (for example) in September; the wife could take 12 weeks off at the time of the birth, and we would have to allow the spouse to also take 12 weeks off if it was requested beginning 1/10 or later of the following year - because the leaves of absence would be in separate years - or is it 12 weeks total per event?
Comments
When you use a set calendar method for determining FMLA you can run into this problem of employees being off for as much as 24 weeks at one time or within a short period of time. Example:
FMLA Calendar 1-10-01 to 1-9-02
Employee X needs time off for birth from 10-1-01 through 12-21-2001 (12 weeks). Baby is ill or needs additional bonding - mother is again eligible as of 1-10-02 for an additional 12 weeks.
In your scenario one employee could use 24 weeks between October of one year and March of the next year. Or two employees could use 12 weeks each. You are right that the cummulative period for working spouses together is 12 weeks, DURING YOUR DEFINED FMLA PERIOD.
This is why we use a rolling-12 month period. A rolling 12 month period is measured backward from the date an employee uses leave. In this case if an employee is out from 10-01-01 through 12-21-01 they are not eligible for leave again for 12 months or until 12-22-02.