Legal Question in Medical Leave in District of Columbia

Re: Can 2 parents take FMLA in the same year?

1. If both parents work for different companies, then the FMLA policy will not limit the ability of both parents to request this leave.

2. You must have 1250 hours of work within the previous 12 calender months to qualify and you generally must request this unpaid leave 30 days before you want it. You should also be aware that your employer has the option to use your sick leave first before the unpaid FMLA.

As to your question about the same calender year: FMLA section 102(a)(1)(B) and the regulations at 29 CFR 825.112(a)(2)allows the parent of child to request up to 12 weeks of Unpaid leave for the birth of a child and furthermore 102(a)(2) set the expiration at the end of 12 months following the birth of the child.

In summary you must request this leave and use it before the child turns one.

If you have any questions call my office.

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