Legal Question in Medical Leave in Ohio

My husband and I are employed at the same agency. They say we can only take a combined 12 weeks off for the birth of our twins. They say that even if my husband requests 2 weeks vacation to help care for the twins, they will count his leave as the 12 weeks of combined FMLA. Is this legal?


Asked on 8/24/09, 7:09 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

Yes. FMLA allows an employer to require that two new parents working for the same employer share the 12 weeks. You can either both take 12 weeks at the same time, or one can take the whole 12 weeks or one can take, say, six of the weeks now and the other take six weeks later. No matter how you slice it, it's 12 weeks total. Sorry.

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Answered on 8/25/09, 12:46 am


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