Intermittent FMLA & Omitted Spouses 20:47, July 28, 2016

Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedInEmail this to someone

Our Resources

Intermittent FMLA & Omitted Spouses

Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedInEmail this to someone

Q: May employees take FMLA intermittent leave to care for a sick spouse?
A: Since 2009 the regulations haven’t authorized it, but they may soon.

The US Department of Labor (DOL) proposed new rules for the Family and Medical Leave Act (FMLA) on January 30, 2012. Besides expanding family leave benefits for veterans, they also correct a previously existing anomaly that was likely a mistake.

In 2008, the DOL last revised its FMLA regulations after Congress amended the law to provide coverage for military families. Although the FMLA law permits intermittent leave for employees to care for their sick spouses, the DOL’s 2008 FMLA regulations erred by leaving “spouses” off the list of relatives for whom employees may take take intermittent leave.

Specifically, 29 CFR §825.202(b) provides the list of relatives employees may take intermittent leave to care for when they’re sick. And while it lists “parent, son, or daughter,” it doesn’t mention spouses. Similarly, §825.202(b)(1) says:

    “Intermittent leave may be taken for a serious health condition of a parent, son, or daughter, for the employee’s own serious health condition, or a serious injury or illness of a covered servicemember….”

(There’s some evidence that leaving spouses out of §825.202 was a mistake rather than intentional. For example, §825.204(a) specifically mentions transfers as being permissible to accommodate intermittent leave taken for a spouse.)

The DOL’s 2012 proposed regulations corrects this error by adding “spouse” to the list. According to the DOL’s “Section-by-Section Analysis”:

    “The Department also proposes to correct inadvertent drafting errors that were made in the 2008 final rule, including correcting the cross-references in current §825.200(g) and (f), and inserting the word ‘spouse’ in the first lines of §825.202(b) and (b)(1).”

You might also be interested in...

  • How to Develop a Company Code of ConductDecember 9, 2016 How to Develop a Company Code of Conduct Simply having a company code of conduct is not enough. Research has found that the process an organization follows to develop a code of conduct can impact its effectiveness (Schwartz, 2008). Researchers have also suggested that the implementation process is an important factor in […] Posted in ethical conduct
  • Sexual Orientation Discrimination or Stereotyping?April 6, 2017 Sexual Orientation Discrimination or Stereotyping? On March 27, 2017, the Second Circuit Court of Appeals ruled that Title VII cannot protect a gay employee from sexual orientation discrimination; however, Title VII may protect the employee from sex-based stereotyping under the same set of facts. In a separate case about two weeks before […] Posted in workplace discrimination, sexual harassment
LawRoom Blog
EverFi provides online compliance training on sexual harassment, ethics, FCPA and data security to thousands of companies and universities.

Leave a Reply

Leave a Reply

White Paper
Data Security training
for employees

  |   Download White Paper


Compliance Course Catalog
  |   Download Catalog