Legal Question in Medical Leave in Florida

Common law spouse

Florida - I am not married but do reside with my fiance', my children, and his children. If he or his children were to become seriously ill would I be covered under FLorida�s FMLA guidlelines?

I am curious because I work for the County and we have a volunteer group at my place of business and I was informed (by the County Administrator) that my fiance would have to �resign� as a volunteer because I, being the supervisor (and his fiance), could not supervise him.

Seems that the standards are off somewhere.


Asked on 9/05/08, 8:07 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Common law spouse

I do not believe that the FMLA covers unmarried people that are cohabitating.

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Answered on 9/05/08, 10:39 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Common law spouse

Mr. Wagner is correct about FMLA. Also, keep in mind, Florida does not recognize common law marriage.

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Answered on 9/05/08, 10:06 pm


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