Question:
One of our employees has asked about FMLA leave following the birth of his child. He and the baby’s mother are not a married couple. Would FMLA be applicable in his situation?
Answer:
FMLA applies for all new parents, regardless of their marital status. One of the reasons for leave under the FMLA is for “the birth of a new child and to bond with the child within one year of their birth. Both fathers and mothers have equal right to take FMLA leave for the birth of their child.” Therefore, regardless of the fact that your employee and the child’s mother are not married, he is still eligible to take leave under the FMLA as long as the other requirements are met. Some of these requirements include having worked for your organization for at least 12 months, having worked at least 1250 hours over the last year, and having worked at a location where at least 50 employees of your organization or within 75 miles of this location. It also depends on whether he has used any FMLA leave recently, but he can take up to 12 weeks if he wishes to do so. Finally, you have to be aware that many states do have additional leave laws. You need to make sure that you are in compliance with the law that is generous to your employee.
Source: HR Support Center | Copyright © 2017 AdvaPay Systems, LLC
