FMLA for spouses who work for same company

We have a married couple who work for us and the wife is going to be going out on maternity leave. The law states that spouses who work for the same company can only take a combined 12 weeks for maternity. They know at this point the child will have medical complications.

If the couple takes the combined 12 weeks, does that mean that both of them have used their allotted 12 weeks for the year or do I only consider the amount of weeks each took and allow them the additional weeks of the 12 weeks each to care for the ill child after the maternity leave?

Has anyone run into this situation yet?:help:


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