Legal Question in Medical Leave in Texas

FMLA regarding a pregnant spouse

I am being told that I cannot take sick leave under the FMLA ACT because "I may only use sick leave if it is an injury or desease that if I were to have it it would not allow me to work. I argue that if I were pregnant like my wife I would not be able to work. They argue that I, being a male, cannot get pregnant therefore I do not get to use my sick leave. Is this correct in accordance with the laws of the FMLA ACT?


Asked on 1/22/98, 9:49 pm

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Reasons for Taking Leave Under Family Medical Leave Act

Leave may be taken under the Family Medical Leave Act for any of the 4 purposes provided under the Act: (1) for the birth of the employee's child and to care for that child immediately after childbirth; (2) for the adoption or foster care placement of a child with the employee; (3) to care for the employee's spouse, child, or parent who has a serious medical condition, as defined under the Act; (4) or for a serious medical condition of the employee which prevents the employee from working. If a complication with a spouse's pregnancy rises to the level of a serious medical condition, then the employee may qualify for leave under the FMLA. Leave also may be taken by the employee (whether male or female) during the birth of the child and/or to care for the child once the child is born. You should consult an attorney in your area (or the U.S. Department of Labor, Wage & Hour Division) to determine whether your particular facts and circumstances entitle you to take leave under the FMLA.

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Answered on 1/27/98, 10:09 am


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