Legal Question in Medical Leave in Maryland

does an employer have to grant employee FMLA leave while spouse is in the hospital or can employer ask employee to report to work until spouse is out of hospital?


Asked on 7/26/10, 6:21 am

1 Answer from Attorneys

Sean T. Morris Law Office of Sean T. Morris

Caring for a spouse who has been hospitalized is eligible for FMLA leave as hospitalization is generally considered a "serious medical condition" under the Act. If the employee is otherwise eligible for FMLA, he does not have to wait until spouse is out of the hospital to be eligible for FMLA leave.

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Answered on 7/27/10, 4:40 pm


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