Legal Question in Medical Leave in Massachusetts

new parents working for the same company want time off
A past co-worker of mine and her husband work for the same company (several years of service each). She is currently on maternity leave for 3 months. When that time is up, her husband wishes to take 3 months under the Family Leave Act. The company states this can not happen because they cannot take 6 months total between them. Is this legal? Are they being penalized simply because they are employed by the same company?

Asked on 11/24/97, 1:09 pm

Luther Sutter Harrill & Sutter

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Couples working for the same company are entitled to only 12 weeks

Under the federal FMLA, couples working for the same company are entitled to only 12 weeks leave between them

Answered on 11/24/97, 11:37 pm

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