The Essential Guide to Family & Medical Leave

chapter 5 | leave for a new child | 89
Example 1: Jared and Betsey are domestic partners who are both employed by
your company. The couple has announced that Betsey is pregnant. Before Betsey’s
due date, Jared requests 10 weeks of parenting leave to begin after the baby’s birth.
You grant his request and wish the couple well.
Shortly after the baby’s birth, Betsey calls in and asks for 5 weeks of parenting
leave. You deny that request, telling Betsey that she and Jared get a combined 12
weeks of parenting leave and he has already been granted 10 weeks.
Wrong. Since they are not married, Jared and Betsey are each entitled to 12 weeks
of FMLA leave in connection with the birth of their child.
Example 2: Jared phones in two months after the baby’s birth to ask to take two
weeks of FMLA leave to take care of Betsey, who has developed severe postpartum
depression and been prescribed medication that affects her ability to function.
Because you have read this guide, you know that you can deny this request and tell
Jared that unmarried partners are not entitled to leave to care for each other under
the FMLA.
In the last example, if Jared and Betsey had been married, Jared would
be entitled to the requested leave to care for his spouse during her illness.
However, that means that in the first example, Betsey would be entitled to
only 2 weeks of parenting leave, because Jared already took 10 weeks.
Cross-reference
State laws may also apply. Several types of state laws might also protect
employees who take parenting-related leave. For example, some states
require employers to offer parenting leave (similar to that provided by the
FMLA) to a wider range of employees than does the FMLA. And some
state family leave laws cover the same territory as the FMLA. Appendix A
provides a summary of each state’s laws; Chapter 11 explains what to do
when a state law overlaps with the FMLA.