K. Leave for Pregnancy or Birth

Table of Contents

(Also See Section E-Leave Entitlement)

  1. Both parents are entitled to FMLA leave for the birth of their child. Certification requirements are noted in the following subsections.
  2. Both parents are entitled to FMLA leave to be with the healthy newborn child (bonding time) during the 12-month period beginning on the date of birth. An employee’s entitlement to FMLA leave for a birth expires at the end of the 12-month period beginning on the date of birth. Under this section, both parents are entitled to FMLA leave even if the newborn child does not have a serious health condition. If neither of the parents or the child has a serious health condition, medical certification is not required. Pregnancy and recovery from childbirth are considered serious health conditions.
  3. Spouses who are eligible for FMLA leave and are employed by the same employer may be limited to a combined total of 12 weeks of leave during the FMLA leave year if leave is taken for the birth of a child or to care for the child after birth, for placement of a child 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.
  4. The mother is entitled to FMLA leave for incapacity due to pregnancy, for prenatal care, or for her own serious health condition following the birth of the child. Circumstances may require that FMLA leave begin before the actual date of birth of a child. An expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work. The mother is entitled to leave for incapacity due to pregnancy even though she does not receive treatment from a health care provider during the absence, and even if the absence does not last for more than three consecutive calendar days. Medical certification is required.
  5. A spouse is entitled to FMLA leave if needed to care for their pregnant spouse who is incapacitated, or if needed to care for the spouse during her prenatal care, or if the spouse has a serious health condition following the birth of a child. Medical certification is required.
  6. Both parents are entitled to each take up to 12 weeks of FMLA leave to care for a child with a serious health condition. Medical certification is required.
  7. An employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees. The employer’s agreement is not required for intermittent leave when the mother or newborn child has a serious health condition.