How Family and Medical Leave Works When Spouses Work for the Same Company

If both you and your spouse work for the same company, your rights under the Family and Medical Leave Act (FMLA) remain protected; however, the allocation of leave changes slightly. While you can both take time off, the law sets shared limits on certain types of leave when you're working for the same employer. Here's what you need to know.

Understanding FMLA Basics 

The FMLA provides eligible employees with the right to take up to 12 weeks of unpaid, job-protected leave for specified family or medical reasons. Covered situations include:

• Bonding with a newborn or newly adopted child
• Taking time off for a serious health condition
• Caring for a spouse, child, or parent with a serious health condition

During your leave:

• Your health insurance coverage continues
• You're entitled to return to your same or an equivalent job when the leave ends

When Spouses Must Share FMLA Leave

If you and your spouse work for the same employer, you must share a combined total of 12 weeks of FMLA leave per year for certain family-related situations, including:

• The birth of a child
• The placement of a child for adoption or foster care
• Caring for a parent with a serious health condition

In these cases, you and your spouse will need to split the 12 weeks between you, meaning the time off is shared, not doubled.

For example, if you decide to bond with a newborn, and your spouse also wants to take leave, you must divide the 12 weeks between the two of you.

If you're caring for a covered military family member who has a serious injury or illness, the rule is slightly different:

• You are entitled to a combined 26 weeks of leave in a single 12-month period for military caregiver leave.

When Spouses Don’t Have to Share Leave

For all other qualifying FMLA reasons, each spouse is entitled to a full 12 weeks of leave individually.

This includes situations like:

• Taking leave for your own serious health condition
• Caring for a spouse or child with a serious health condition
• Managing qualifying exigencies related to a family member’s military deployment

So even if you and your spouse work for the same employer, you each have the right to your own 12 weeks of FMLA leave for these specific reasons.

Who Counts as a “Spouse” Under the FMLA?

Under FMLA rules, the term “spouse” includes both opposite-sex and same-sex partners in legally recognized marriages. It also covers common-law marriages, provided those marriages are valid under the laws of the state where they were formed. Marriages performed outside the U.S. are recognized if they would be valid in at least one U.S. state.

However, it's important to note:

• Domestic partnerships and civil unions are not considered marriages under the FMLA.
• If you're in a domestic partnership or civil union, you are not required to share FMLA leave, even if you and your partner work for the same employer.

Real-World Examples

Here’s how the rules work in practice:

• Vaishu and Juan: A married couple working for the same employer. They must split 12 weeks of FMLA leave for the birth and bonding time with their new baby. Vaishu can also use an additional six weeks separately for her own serious health condition (postpartum recovery).
• Morgan and Taylor: Married coworkers. Taylor uses 11 weeks to care for his father. Morgan can only use one additional week to care for her mother because the 12-week limit for caring for parents is shared between spouses.
• Rita and Freddie: An unmarried couple expecting a baby. Even though they work at the same company, they are not considered spouses under FMLA, so they do not have to share leave.
• Devon and Sergio: Married and employed by the same company. Their child has a serious illness. Because leave for caring for a child is not shared, both Devon and Sergio can each take up to 12 weeks of FMLA leave individually.

Don’t Forget About State Laws

While the FMLA sets the baseline for family and medical leave rights, many states have their own laws that offer greater protections or additional benefits. Depending on where you live, state laws might provide:

• Longer leave periods
• Paid family or medical leave
• Expanded definitions of who qualifies as a family member

If your state law offers more generous benefits than the FMLA, you are entitled to take advantage of those rights.

Employers must comply with whichever law — federal or state — provides the stronger protection for the employee.

Your Rights Are Protected

Since the FMLA is a federal worker protection law, your employer can’t deny your right to take eligible leave or punish you for using it. That includes actions such as reducing your hours, demoting you, or retaliating in any way. If your FMLA rights are violated, you can file a complaint with the Department of Labor or take legal action.

Disclaimer: This information is based on fact sheets that the Department of Labor provides.

Get In Touch With Morgan & Morgan

If your employer is misapplying FMLA rules or unfairly denying your leave because you and your spouse work together, the labor and employment lawyers at Morgan & Morgan may be able to intervene and fight for you. Reach out today for a free and confidential case review.