Birth and Care of a Child
- For the birth of a son or daughter to the employee, both father and mother are entitled to take FMLA leave.
- Under some circumstances FMLA leave may occur before the birth of the child. For example, leave may be taken by
an expectant mother for prenatal care. See Regulations 29 CFR Part 825.112(c).
- The entitlement to FMLA leave for the birth of a child and care of the child expires at the end of the 12-month period
beginning on the date of the birth. See Regulations 29 CFR Part 825.201. The employer has four options for
determining the 12 month period in which the 12 weeks of leave entitlement occurs. See Regulations 29 CFR Part
825.200 (b).
- If a husband and wife are employed by the same covered employer they may be limited to a combined total of 12
weeks of FMLA leave for the birth of a child and care of the child during the 12-month period after birth. See
Regulations 29 CFR Part 825.202.
- Leave taken for the birth of a child and care of the child may be taken intermittently or on a reduced leave schedule
after the birth, only if the employer agrees. See Regulations 29 CFR Part 825.203(b).
Please return to the Previous Page to continue learning about valid reasons for leave under FMLA.
Please return to the Main Menu for other information on FMLA.
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