FMLA and spouses working for the same company
While assisting in the development of a case management tool for approving and tracking leaves a question regarding a portion of the FMLA regs has come up. Under the 2 spouses working for the same company rules it's stated that spouses can only take a total of 12 weeks between them for leaves related to the birth or placement of a child or to care for a parent. Until recently we were working under the assumption that the "spouse rule" only applied to the same leave event, but it suddenly dawned on me that the FMLA definition of parent excludes in-laws. This leads me to believe that the spouse rule applies to ANY events of the types listed that occur within the FMLA year. Is that correct? Assuming that it is, does the spouse rule apply to the two different types of leave independently or does a spouse taking 8 weeks of parental FMLA only leave 4 weeks of time available to be split between the spouses for the birth of a child?