How much leave may spouses take if they are employed by the same employer?

(See 29 CFR § 825.202) (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 16 workweeks during any 24 month period if such leave is taken upon the birth or placement of a son or daughter for adoption or foster care or to care for a sick parent of the employee or sick parent of the employee's spouse. (b) The limitation on the total weeks of leave applies to leave taken for the reasons specified in subsection (a) of this section as long as husband and wife are employed by the same employer. (1) For example, it would apply even though the spouses are employed at two different worksites of an employer or by two different operating divisions of the same company. (2) If one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 16 week entitlement. (c) Where the husband and wife both use a portion of the total 16 week FMLA leave entitlement for one of the purposes specified in subsection (a) of this section, each would be entitled to the difference between the amount he or she has taken individually and 16 weeks for FMLA leave for a purpose other than those contained in subsection (a) of this section. (1) For example, if each spouse took 6 weeks of leave to care for a healthy, newborn child, each could use an additional 10 weeks due to his or her own serious health condition or to care for a child with a serious health condition. Any period of pregnancy disability would be considered FMLA for a serious health condition of the mother and would not be subject to the combined limit.