(a) General rule. An eligible employee is entitled to FMLA leave if
needed to care for the employee's parent with a serious health
condition. Care for parents-in-law is not covered by the FMLA. See
Sec. 825.122(b) for definition of parent.
(b) "Same employer" limitation. A husband and wife who are
eligible for FMLA leave and are employed by the same covered employer
may be limited to a combined total of 12 weeks of leave during any 12-
month period if the leave is taken to care for the employee's parent
with a serious health condition, for the birth of the employee's son or
daughter or to care for the child after the birth, or for placement of
a son or daughter with the employee for adoption or foster care or to
care for the child after placement. This limitation on the total weeks
of leave applies to leave taken for the reasons specified as long as a
husband and wife are employed by the "same employer." It would apply,
for example, even though the spouses are employed at two different
worksites of an employer located more than 75 miles from each other, or
by two different operating divisions of the same company. On the other
hand, if one spouse is ineligible for FMLA leave, the other spouse
would be entitled to a full 12 weeks of FMLA leave. Where the husband
and wife both use a portion of the total 12-week FMLA leave entitlement
for either the birth of a child, for placement for adoption or foster
care, or to care for a parent, the husband and wife would each be
entitled to the difference between the amount he or she has taken
individually and 12 weeks for FMLA leave for other purposes. For
example, if each spouse took 6 weeks of leave to care for a parent,
each could use an additional 6 weeks due to his or her own serious
health condition or to care for a child with a serious health
condition. See also Sec. 825.127(d).
[73 FR 68087, Nov. 17, 2008]
