Q - A: FMLA leave for a childs birth doesnt have to start immediately

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?

The FMLA permits the new father to wait three months until the mother returns to work before he begins to take his leave.

The birth or adoption of a child provisions of the FMLA confer eligible fathers (as well as mothers) the right to take up to 12 workweeks of leave during any 12-month period, and the leave can be taken anytime within the first 12 months of the child's birth or the placement of a child for adoption or foster care.

Note, however, that the birth or adoption of a child provisions do not permit either the father or the mother to take this newborn leave intermittently or on a reduced leave schedule unless the employer and the employee specifically agree to it.

Franck G. Wobst is an employment lawyer with Porter, Wright, Morris & Arthur in Columbus, Ohio. He can be reached at fwobst@porterwright.com.