Post-birth leave
Intermittent and reduced schedule leave may be used after a birth or placement to be with a healthy child only if the employer agrees. For example, an employer and employee may agree to a part-time work schedule after the birth or placement for bonding purposes. The employer’s agreement is not required, however, for intermittent leave required by a serious health condition of the mother or child.
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Mother and Father entitled to leave from covered employer
Both mother and father are entitled to FMLA leave for the birth of their child. An employee’s entitlement to leave for a birth expires at the end of the 12-month period beginning on the date of the birth or placement. If state law allows or the employer permits leave to be taken for a longer period, such leave will not qualify as FMLA leave
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Parents share covered employer
A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee’s son or daughter or to care for the child after birth or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement, or to care for the employee’s parent with a serious health condition. See Limitation for Spouses Working for the Same Employer for more information.
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Mother’s serious health condition
The mother is entitled to FMLA leave for any period of incapacity due to pregnancy, for prenatal care or for her own serious health condition following the birth of a child. The husband is entitled to FMLA leave if needed to care for his pregnant spouse who is incapacitated or if needed to care for her during her prenatal care, or if needed to care for the spouse following the birth of a child if the spouse has a serious health condition. See Serious Health Condition for more information
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