The FMLA Definition of a Spouse

Medical events such as a birth of a child or an illness of a family member may qualify a spouse for job protection under the Family Medical Leave Act (FMLA). The act provides employees unpaid leave to take care of familial responsibilities. There is a specific definition of "spouse" in order to qualify for protection under the act.

Identification

• According to the Family Medical Leave Act, a spouse is "an individual who is a husband or wife pursuant to a marriage that is a legal union between one man and one woman, including common law marriage between one man and one woman in States where it is recognized." The definition is necessary to determine if the employee is eligible for leave.

Entitlement

• Under the Family and Medical Leave Act, an employee is entitled to 12 weeks of unpaid leave from work. A spouse may take unpaid leave for certain reasons if he meets eligibility requirements. A covered employee is entitled to leave for the birth of a child, foster care or adoption placement of a child or to care for an immediate family member with a serious health condition. If the employee suffers from a serious health condition, he may be entitled to take leave under the act as well. A serious health condition is considered an illness or impairment that requires inpatient care or ongoing treatment from a health-care provider.

Eligibility

• To be eligible for protection under the Family Medical Leave Act, an employee must work for an employer covered by the act for at least 12 months. During the previous 12 months, the employee must have worked at least 1,250 hours. According to the Department of Labor, the 12-month stipulation does not have to be consecutive. For example, if an employee is active military and was deployed during the 12-month period, the time off does not count toward the 12-month requirement.

Significance

• The purpose of the Family Medical Leave Act is to protect the employee's job while she is on leave. Upon returning from leave, the employee's job responsibilities must be restored, including equivalent pay. The benefits of the employee must also remain in place while the employee is on leave. The act is designed to maintain the worker's employment as if she had never gone on leave.

Notice

• Covered employees must notify their employers of their intent to go on medical leave at least 30 days prior to the expected leave date. In the case of emergencies, employees must notify their employers as soon as possible, so that the necessary arrangements can be made regarding their employment.