Legal Question in Medical Leave in Washington

Re: FMLA and spouses vacation

If you take the leave expressly to attend to your new child, the employer can require you to take it as FMLA leave. Also, the law provides that when both spouses are employed by the same employer, the leave can be limited to a combined 12 weeks. 29 U.S.C. � 2612(f) provides: �Spouses employed by same employer In any case in which a husband and wife entitled to leave under subsection (a) of this section are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period� if taken for the birth or adoption of a child.

In a sense, then, your leave (if FMLA leave) could work to reduce the entitlement available to your wife. Keep in mind that a pregnant woman can claim up to 12 weeks of leave for the pregnancy and an additional 12 weeks to care for the new child.

If you take vacation for a reason not covered by FMLA, such as to conduct repair work around your home, it should not be charged as FMLA leave. In such a case, though, you may not have an entitlement to take it on demand. The employer would have the right to schedule your vacation according to the needs of the organization.

NOTE: This is not specific advice and does not create an attorney-client relationship. You should seek legal counsel to assist with your case and advise you regarding the specific application of the law to your particular facts.