Fathers can start FMLA leave anytime during first year after birth

Q         Does a new father have to start Family and Medical Leave Act (FMLA) leave the day his child is born, or can he wait three months until after the mother returns to work and then take his leave?

A   Under the FMLA, an eligible father may use FMLA leave to bond with his newborn child. As most employers are aware, the Act provides for up to 12 weeks of unpaid leave for various enumerated reasons. One of the reasons is for a parent to bond with a newborn child. This applies to both mothers and fathers equally. An eligible father can also use FMLA to care for his spouse who is incapacitated as a result of pregnancy or childbirth. To use this type of leave, the father must be actually married to the spouse.

To be eligible for FMLA leave, the father must have worked for you for at least a year (i.e., 12 months), but the 12 months don’t need to be worked consecutively. He must also have worked for you for at least 1,250 hours during the 12-month period immediately preceding leave, and he must work where there are at least 50 total employees within a 75-mile radius of his workplace or you must be a governmental entity.