I have employees who are married spouses, must they split the 12 weeks as with the traditional FMLA leave or are they entitled to 12 weeks each under the FFCRA?

The FFCRA is silent on this matter. It simply states that an employee will be eligible for leave “due to a need for leave to care for” his or her child, and the Department of Labor (DOL) may decide to split the leave between parents. In some situations, both parents may be needed to care for a child. But in situations where one parent may suffice, employers may be able to limit the entitlement to 12 weeks between parents working for the same employer. More guidance is needed, and employers should consult with legal counsel before requiring parents to share leave