What is the name of your state (only U.S. law)? Massachusetts
Good Morning,
I know of a situation where a husband and wife work for the same company. The wife is about to go on FMLA in order to have twins and is planning to be out for 16 weeks which I beileve is the amount allowed under FMLA for twins. Her husband was out sick for a medical condition for 2 weeks back in January of this year and used sick time that he had accumulated. The 2 weeks was not planned ahead of time.
The employer is now telling the husband that he needs to fill out the forms necessary to take that sick leave under the FMLA (after the fact) or he will face disciplinary action for failing to do so.
The issue here is that since the husband and wife work for the same employer they are JOINTLY only allowed so much time under FMLA and the employer will benefit by decreasing the wife's FMLA time for the maternity leave by the two weeks. Is this legal??
Good Morning,
I know of a situation where a husband and wife work for the same company. The wife is about to go on FMLA in order to have twins and is planning to be out for 16 weeks which I beileve is the amount allowed under FMLA for twins. Her husband was out sick for a medical condition for 2 weeks back in January of this year and used sick time that he had accumulated. The 2 weeks was not planned ahead of time.
The employer is now telling the husband that he needs to fill out the forms necessary to take that sick leave under the FMLA (after the fact) or he will face disciplinary action for failing to do so.
The issue here is that since the husband and wife work for the same employer they are JOINTLY only allowed so much time under FMLA and the employer will benefit by decreasing the wife's FMLA time for the maternity leave by the two weeks. Is this legal??