Is it legal to deny FMLA to an employee if a spouse was involved in an accident?

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Is it legal to deny FMLA to an employee if a spouse was involved in an accident?

Asked on June 24, 2015 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may take FMLA leave in order to care for a spouse with a serious medical conditon: so the first question is, is it necessary for the employee to take leave to care for his/her spouse, or is it just that the employee would *like* to take leave? Only if necessary--e.g. the employee has to stay home to care for him/her, or needs time to take him/her to doctors, etc.--is the employee entitled to leave.

Second, is the employee qualified for FMLA leave? That is, has worked for 1,250 or more hours in the past year and has worked a year or more total (doesn't need to be in row or consecutive) for this employer?

Third, is this employer and this location covered, which means, does this employer have at least 50 employees who are located/work within a 75-mile radius.

If the leave is necessary, the employee is eligible, and this employer/location is covered, then unpaid leave, up to 12 weeks, must be granted.


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