The NeverEnding (FMLA Leave) Story

Q         We’re a nonprofit employer that has an employee whose spouse suffered a severe injury. Are we required to indefinitely provide a salary and Family and Medical Leave Act (FMLA) leave to this employee to care for the injured spouse?

No. You are correct that the FMLA can apply to nonprofit organizations just as it can to private businesses where they meet the specific criteria for coverage. You are also correct that an employee whose spouse suffers a severe injury may be eligible for FMLA leave to care for the injured spouse. However, although employee leave can at times feel indefinite, it is limited—to 12 weeks for most eligible employees, and 26 weeks for employees caring for military family members—and does not require paid leave. Employees may use that allotted leave intermittently, which often stretches the period during which the employee receives leave. But once the employee’s FMLA leave expires, an employer no longer needs to hold that employee’s position open.