Employer says husband/wife have to split FMLA leave for birth since they both work fo

[ohfreshstart]

What is the name of your state?What is the name of your state? Ohio

My friends who are having a baby have requested FMLA leave. She wants 12 weeks and he wants to have the first 2 weeks after the birth off to be at home to help. They are both deputies with the local sheriff department. He is a sergeant in the jail; she is a deputy on the road. They work different shifts. They have put in the request well in advance and have been told they can not have this time off together. That in fact, they will have to share the time off since they both work for the same agency. This sheriff department is union and has a union contract. Unfortunately I do not know how this contract reads on FMLA. Wouldn’t the department have to recognize Ohio FMLA guidelines? Both of my friends meet requirements; Employees who have been employed by the state for at least twelve months; and have actually worked (i.e., in “active work status”) at least 1,250 hours during the past twelve months are entitled to FMLA leave regardless of gender. Neither have taken FMLA leave before.

 

[cbg]

FMLA clearly states that when husband and wife are employed by the same employer and they both want FMLA for the same event (i.e. the birth of a child) they do not get 12 weeks apiece but must split the 12 weeks between them. So if he takes 2 weeks, she only gets 10.

 

[ohfreshstart]

Thank you cbg
They understand that if he wants two weeks she will lose two. What they are being told is they can not have the two weeks off together. They were told that when he takes two weeks she will have to return to work those weeks. That doesn't make sense when the weeks he wants to take are the first two weeks after the birth. The department says they can't afford having them both off the same time. They are saying this only for the FMLA leave. They have taken the same time off for vacation and that didn't affect the department, as I mentioned earlier, they serve in different areas, capacity and shifts.

 

[Beth3]

The Department is wrong. Other than the provision that if the husband and wife both work for the same employer the maximum amount of leave the two combined may take is 12 weeks, the FMLA puts no limitations on concurrent leave requests.

If your friends want to try to resolve this amicably with the Sheriff's Department, they should inform the appropriate person that it appears the Department's interpretation of the law is incorrect and urge them to call the federal Department of Labor for clarification. If the Sheriff's Department continues to refuse them concurrent FMLA leave, then your friends can contact the DOL and file a complaint.