Legal Question in Medical Leave in Texas

Is this legal?

My wife and I both work for an Independent School District in the state of Texas. We were informed that Board Policy only allows for 12 weeks combined of FMLA; even though we both meet all criteria. This is how Broad Policy reads:

A husband and wife who are eligible for FMLA leave and are both employed in the District may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken:

For the birth of a son or daughter or to care for the child after birth.

For the placement of a son or daughter for adoption or foster care, or to care for the child after placement.

To care for a parent with a serious health condition.

When the husband and wife both use a portion of the total 12-week entitlement for one of the purposes noted above, each spouse shall be entitled to the difference between the amount he or she has taken individually and 12 weeks of FMLA leave for a purpose other than those listed above.

29 U.S.C. 2612(f); 29 CFR 825.202

Can they do this? Is this even legal?


Asked on 2/02/05, 4:55 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Is this legal?

Yes. That is the law.

Read more
Answered on 2/02/05, 5:11 pm


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