(a) 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:
(1) for birth of the employee's son or daughter or to care for the
child after birth;
(2) for placement of a son or daughter with the employee for
adoption or foster care, or to care for the child after placement; or
(3) to care for the employee's parent with a serious health
condition.
(b) This limitation on the total weeks of leave applies to leave
taken for the reasons specified in paragraph (a) of this section 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.
(c) Where the husband and wife both use a portion of the total 12-
week FMLA leave entitlement for one of the purposes in paragraph (a) of
this section, 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 a purpose other than those contained in
paragraph (a) of this section. For example, if each spouse took 6 weeks
of leave to care for a healthy, newborn child, 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. Note, too, that many
State pregnancy disability laws specify a period of disability either
before or after the birth of a child; such periods would also be
considered FMLA leave for a serious health condition of the mother, and
would not be subject to the combined limit.
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]