FMLA for A spouse

maryfmurray

We have an employee who is caring for their spouse. Now our dilemma is this EE will be laid off from our agency for the summer due to lack of work and will be called back to work in the fall. Currently the EE is using vacation leave while out and when leave is gone will apply for unemployment benefits for this EE's pay is the sole source of income in the household. We have not reached the 12 weeks of leave yet. How does FMLA work while the EE is gone during the summer? Will the hours towards FMLA stop for the ee is not working and start back up in the fall?

PAhr

I would say that if you lay him off the FMLA clock stops, as you cannot force an employee to use FMLA. My understanding is that he will be off by your choice and not due to care for his spouse. If he has say six weeks left, then upon his return you should allow him the other six weeks and also maybe recertify just to make sure the situation hasn't changed.

LindaS

I agree with PAhr but am curious how this individual would be eligible for unemployment before he is actually laid off. We have several employees who have been approved for intermittent FMLA and have been able to utilize voluntary layoffs to provide them that "extra" time off without having to utilize FMLA.