FMLA “Marriage Penalty” May be Going Away

11.15.2019

A new Senate bill proposes removing the restriction on married co-workers’ ability to take time off to care for newborn or adopted children, parents, or military family members under the FMLA.  The FMLA provides job protected, unpaid leave for employees for certain purposes, such as the birth or adoption of a child, or to care for a sick family member.   Employees may take up to 12 weeks of leave during a one-year period.  Currently however, there is statutory language that only allows spouses to take a total of 12 combined weeks of leave.   The new bill would allow each parent to take 12 weeks of  leave, regardless of whether their spouse works for the same employer.  As always, if you have any questions about FMLA, or any other employment issues, consult with your employment lawyer.

Category Type: