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 Regulations of Connecticut State Agencies (Last Updated: June 14,2023)
 Title31 Labor
 SubTitle31-51qq-1_31-51qq-52. The Family and Medical Leave Act

  Sec.31-51qq-13. How much leave may spouses take if they are employed by the same employer?  

Latest version.

  • (a) Spouses who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of twelve (12) workweeks during any twelve (12)-month period if such leave is taken for the birth of the employee’s son or daughter or to care for the child after birth, for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement, or to care for the employee’s family member with a serious health condition.

    (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 the spouses are employed by the same employer.

    (1) For example, it would apply even though the spouses are employed at two (2) different worksites of an employer or by two (2) different operating divisions of the same company.

    (2) If one (1) spouse is ineligible for FMLA leave, the other spouse would be entitled to a full twelve (12)-week entitlement for the reasons specified in subsection (a) of this section.

    (c) Where spouses both use a portion of the total applicable 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 his or her total FMLA leave entitlement during the applicable twelve (12)-month period for FMLA leave for a purpose other than those contained in subsection (a) of this section.

    (1) For example, if each spouse took six (6) weeks of leave to care for a healthy, newborn child, each could use an additional six (6) weeks due to his or her own serious health condition.

    (2) Any period of pregnancy disability or period for a serious health condition resulting in incapacitation that occurs during pregnancy would be considered FMLA for a serious health condition of the mother and would not be subject to the combined limit.

(Adopted effective March 9, 1999; Amended August 3, 2022)