Should I get married so that I can be granted FMLA?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I get married so that I can be granted FMLA?

My partner and I have been a couple for 34 years. He is 73 and I am 62. He is disabled,retired on disability and suffers from COPD which is getting worse. I want to ask my employer for FMLA so that I can assist more with his care. We were advised a few years ago not to get married because he

would have to be on my health insurance thru my employer. He curerently is on Medicare and AARP part B. Since I work for an employer that has more than 100% employees, HR tells me that we have to be married under current law. I don’t want to have interferance with his medicare coverage and jeopardize his current plan. I make almost $70,000 per year, as well and plan on retiring in 2 1/2 years.

Asked on April 22, 2017 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, if you are married, then you could use FMLA leave for his medical care. But it's not all clear that you should do this. As you note, you could affect his current medical coverage, which can be tremendously expensive; there are also tax consequences to marrying--is that worth being able to take up two 12 weeks off, unpaid, to help care for him? Or would it be better to hire a live-on aide to help? Even if you spent up to 12 weeks of your salary on an aide, you'd economically come out to the same place as if you had taken 12 unpaid weeks of FMLA leave, and without the other complications.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption