Wednesday, March 19, 2014

Unmarried Employee Not Entitled to FMLA Leave to Care for Hospitalized Partner or Unborn Child

Under the FMLA, a wife is included in the meaning of the word 'spouse' but whether or not the employee's partner was his wife was a matter of state law. Kentucky, however, did not recognize common-law marriages. Therefore, the employee's partner was not his 'spouse' for purposes of the FMLA.... Further, the employee was not entitled to FMLA leave in order to care for his son because his termination came one week before his son was born. It was 'impossible' for the employee to be entitled to leave for the birth of his son and to care for that son when the child had not been born.
CaseLukudu v. JBS USA, LLC, NO. 3:12-C V-00704-TBR (W.D. Ky. Mar. 14, 2014)

Source: Wolters Kluwer Law & Business