Does the FMLA cover leave for employees caring for an ailing spouse?
Yes, the FMLA law in New Hampshire does cover leave for employees caring for an ailing spouse. In particular, the FMLA allows a qualifying employee to take up to 12 weeks of unpaid leave in a 12-month period for the purpose of attending to a spouse’s serious health condition. The FMLA also allows an employee to take up to 26 weeks of unpaid leave during a 12-month period to care for a spouse, son, daughter, or parent who is a service member suffering from a serious illness or injury incurred in the line of duty on active duty. In addition to the leave allowances outlined above, the FMLA further outlines certain employee protections. These protections include job restoration rights for those employees who take advantage of the leave allowances. The employee’s position or an equivalent position must be available to them upon their return. Furthermore, the FMLA forbids employers from retaliating against such employees for taking FMLA leave. This means that employers cannot take adverse action against an employee for exercising his or her rights to take FMLA leave. Employees who take leave under the FMLA should keep in mind that their employers may require medical certification of their spouse’s medical condition. Such certification is also required in order to take advantage of any additional leave benefits that the employer may provide. Finally, employers may also require their employees to follow certain procedures when applying for FMLA leave. It is important for employees to familiarize themselves with their employer’s policies in this regard.
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