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?
Question
We have two employees who have a child together but aren’t married. How does that affect their FMLA eligibility?
Answer
Both the father and mother are entitled to 12 weeks of leave — each, according to Jeff Nowak (jsn@franczek.com), writing on the FMLA Insights blog.
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.
