Child birth spouses working for same company

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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