Legal Question in Medical Leave in Maryland

My husband and I are employed by the same facility which has a policy stating "If both spouses are employed with ____, and both are eligible for FMLA leave, they may take a combined total of 12 weeks in any 12 month period following the birth or adoption of a child..." We were planning to take approximately 8 weeks each. Is this policy even legal? Shouldn't we both be able to take a full 12 weeks in a 12 month period related to the birth of our child?


Asked on 8/03/09, 9:31 am

1 Answer from Attorneys
LAUREL ANCHORS

I believe that you each should be able to take FML accordingto the law. However, the FML must be based on the need for the leave and they may attempt to limit the leave for new parents based on lack of need for both to take the full time. I would think you could argue the opposite as long as you can show the need for the leave

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Answered on 8/10/09, 12:32 pm


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