Legal Question in Medical Leave in Nevada

Re: Time line use for Family Leave Act

The Family Medical Leave Act does not discriminate between mothers and fathers, and both are eligible for the 12 weeks of leave, assuming that they satisfy the FMLA criteria.

An exception to this is found at Section 825.202(a) of the FMLA regulations, which states, in part: "A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken: (1) for birth of the employee's son or daughter or to care for the child after birth; (2) for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or (3) to care for the employee's parent with a serious health condition." This also applies even if the husband and wife work at 2 different worksites for same employer more than 75 miles apart or for 2 different divisions of the same company.

You should consult an attorney in your area or the Department of Labor, to determine your legal rights and obligations. This response is not legal advice and may not be relied upon as legal advice.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200