Legal Question in Medical Leave in Pennsylvania

Parents employed by same employer - FMLA Leave

The regulations for the Family Medical Leave Act provide, at Section 825.202, that a husband and wife who are both eligible for FMLA leave and are employed by the same employer may be limited to a combined total of 12 weeks of leave, if the leave is taken for the birth of their child or to care for the child after birth. If one of the parents is ineligible for FMLA leave (e.g., has already used up FMLA time for another purpose under the Act, or has not worked the requisite time prior to taking the leave), then the qualifying parent may take the full 12 weeks. The regulations also state that this limitation of combined weeks applies only where the husband and wife take FMLA leave for the same purpose. The remaining weeks may be used for other purposes under the Act. An example in the regulations is where each takes 6 weeks for the birth of the child; each of them is entitled to use their respective remaining 6 weeks for other purposes under the Act. You should consult an attorney regarding your particular circumstances, and to determine whether your state provides you with additional leave. Also, written or oral policies of the employer may entitle you to additional leave.