Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: How does FMLA apply to two unmarried employees who’ve just had a child together?
We have two employees who have a child together but aren’t married. How does that affect their FMLA eligibility?
As you know, under FMLA, workers are entitled to 12 weeks of unpaid leave for various reasons, including the arrival of a child.
There’s an interesting wrinkle in the law, though: When a married couple works for the same employer, the father and mother are only entitled to a combined 12 weeks of FMLA leave.
When mom and dad aren’t married, they’re each eligible for 12 weeks of leave.
Careful, though: Some states have closed this loophole. Check your local laws.