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December 3, 2008    DOL Home > elaws Advisors > Family and Medical Leave Act Advisor
elaws - employment laws assistance for workers and small businesses - Family and Medical Leave Act Advisor

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.


Wage & Hour | FMLA



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