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FMLA allows for intermittent parental leave with employer approval

July 2024 employment law letter
Authors: 

Janae Ruppert, Holland & Hart LLP

Q         If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available?

The FMLA has some restrictions on when an employee can take leave for birth or bonding with a new child. First, leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. Generally, both mothers and fathers have the same right to take FMLA leave to bond with a newborn child. However, intermittent FMLA leave to bond with the child throughout the 12-month period is subject to employer approval. “Intermittent leave” is leave taken in separate blocks of time for a single qualifying reason.

For example: John uses FMLA leave to bond with a newborn baby for the first two weeks after birth. When his wife returns to work three months later, John can take another four weeks of FMLA bonding leave only with employer approval.

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