Legal Question in Medical Leave in California
Employee with unemployed spouse
If an employee has an unemployed spouse (capable of caring for an ill dependent), is the employee eligible for FMLA, if the spouse is at home to care for the ill dependent? The employee is otherwise eligible for FMLA.
2 Answers from Attorneys
Re: Employee with unemployed spouse
-The availability of an unemployed spouse has no bearing on whether that employee is entitled to relief. Indeed, using that as a basis for denying leave might well violate the law prohibiting martial status discrimination.
Re: Employee with unemployed spouse
One of the requirements to be eligible for family care leave is that the employee spouse is needed to participate in the provision of care for the family member who is seriously ill. The employer may require a statement from the health care provider verifying this fact. In some situations, it may be necessary for the employee spouse to participate or supervise the treatment or care, even if the non-employee spouse is also available. I would advise the specific reason(s) to be articulated in a doctors note for the employer.