FMLA Leave for Spousal Care: What Nonprofits Must Know

Nonprofit employers are subject to FMLA rules when they meet coverage criteria, and employees caring for an injured spouse may qualify for leave. However, that leave is capped at 12 weeks for most employees, or 26 weeks when caring for injured military family members. FMLA does not require paid leave, and intermittent use can extend the overall period. Once FMLA leave expires, employers are not required to hold the position open. Employers should separately assess ADA obligations, though the ADA does not mandate leave to care for a family member. Employers must still avoid discrimination based on association with a person with a disability, according to employment attorney Corey Hunter of Parsons Behle and Latimer.

Source: HR Daily Advisor. Original announcement: October 08, 2026.