[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.202]

[Page 807]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
 Subpart B_What Leave Is an Employee Entitled to Take Under the Family 
                         and Medical Leave Act?
 
Sec. 825.202  How much leave may a husband and wife take if they are 
employed by the same employer?

    (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]