Child birth spouses working for same company

UPDATED: Sep 30, 2022

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Child birth spouses working for same company

My husband and I work for the same company. I am not eligible for FMLA at the
time I give birth due to being with the company for less than 1 year. My husband
is entitled to FMLA because he has been there longer. Does this mean he gets to
use all 12 weeks? None can be transferred to me? Thank you

Asked on August 24, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

That is correct: FMLA leave is personal to the employee; an eligible employee may not transfer weeks to an ineligible one, even a spouse. He can take all 12 weeks off--you can't take any (apart from using any sick or vacation days you have), unless the company voluntarily chooses to allow you to take leave, which they may do, if they want.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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