If spouses entitled to leave under this chapter are employed by the same employer, the aggregate number
of workweeks of FMLA or FLA leave to which both is entitled may be limited to 12 workweeks during
any 12-month period, if such -leave is taken: (1) For the birth or placement of a child; or (2) for a parent’s
serious health condition.
The total amount of leave under both the federal FMLA and the state FLA is combined only for both
husband and wife who work for the same employer if the leave is taken to care for a healthy newborn, a
newly placed child, or to care for a seriously ill parent. If leave is taken for the care of a seriously ill
child, spouse, or one’s own health condition, each spouse-employee is entitled to a separate 12 weeks of
leave.
For example, once a woman completes her pregnancy disability leave (some or all of which may have
run concurrently with federal FMLA), a balance of 12 weeks of FLA leave remains to be shared by
herself and her spouse to care for the healthy newborn or a sick parent over the same 12-month period.
FLA and FMLA leave for this purpose may also run concurrently where the employee has not exhausted
12 weeks of FMLA entitlement.
If each parent uses six weeks of leave to care for a healthy newborn, the spouse-employees are still
entitled to another six weeks for the care of a seriously ill child, spouse or own health condition.
