Can both parents take FMLA at the same time?
The Family and Medical Leave Act (FMLA) is a federal law designed to provide employees with job-protected leave for certain family and medical reasons. One common question that arises is whether both parents can take FMLA leave at the same time. This article aims to explore this topic, explaining the provisions of the FMLA and the factors that determine if both parents are eligible for concurrent leave.
The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific reasons, such as the birth or adoption of a child, the serious health condition of the employee or a family member, or to care for a family member with a serious health condition. While the FMLA allows for leave to be taken intermittently or on a reduced schedule, the question of whether both parents can take leave concurrently is more complex.
Eligibility for concurrent FMLA leave
To determine if both parents can take FMLA leave at the same time, it is essential to consider the following factors:
1. Eligibility: Both parents must be eligible for FMLA leave. Eligibility is determined by the number of hours worked in the past 12 months and the size of the employer’s workforce. Typically, an employee must have worked at least 1,250 hours during the 12-month period and work for an employer with at least 50 employees within a 75-mile radius.
2. Reason for leave: The FMLA allows for leave to be taken for the birth or adoption of a child, the serious health condition of the employee or a family member, or to care for a family member with a serious health condition. If both parents are eligible for leave based on the same reason, they may be able to take concurrent leave.
3. Employer’s policy: While the FMLA provides job protection for eligible employees, the actual leave policy may vary by employer. Some employers may allow concurrent leave, while others may require one parent to take leave before the other. It is crucial to review the employer’s policy regarding concurrent leave.
4. Employee’s request: If both parents are eligible for leave and the employer’s policy permits concurrent leave, they must request it. It is important to provide the necessary documentation to support the need for concurrent leave, such as medical certification or a birth certificate.
Concurrent leave for parents
In some cases, both parents may be eligible for concurrent FMLA leave. For example, if both parents are adopting a child and the adoption agency requires them to be present for the entire process, they may be able to take concurrent leave. Similarly, if one parent is on leave to care for a seriously ill family member while the other parent is caring for a newborn, they may both be eligible for concurrent leave.
However, it is important to note that concurrent leave is not guaranteed. Employers may have policies that limit concurrent leave, and in some cases, the availability of concurrent leave may depend on the specific circumstances of the family and the employer.
Conclusion
In conclusion, whether both parents can take FMLA leave at the same time depends on several factors, including eligibility, the reason for leave, employer policy, and the specific circumstances of the family. While the FMLA provides job protection for eligible employees, it is essential to review the employer’s policy and communicate effectively with the employer to determine if concurrent leave is an option.
