How much leave may a husband and wife take if they are employed by the same employer?
A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for the birth of the employee’s son or daughter or to care for the child after birth; for the placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or to care for the employee’s parent with a serious health condition. If one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave. Where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for one of the purposes above, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for a purpose other than those listed above. For example, if each spouse took six weeks of leave to care for a healthy, newborn child, eac
