Ask The Lawyer

By Debra Roth

Q & A Session – FMLA in Regards to Childbirth

Bookmark and Share

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I will be having my first child and becoming a father soon. Can I use FMLA intermittently? It looks like from the Department of Labor information I found, you may but it is subject to the employer’s approval.

I requested to use one week of leave when the baby is born and eight additional weeks a couple of months later. I also requested an additional week months following that for my child’s first birthday. I was told they may not allow it because I must use all of the leave at once unless I have doctor appointments or a medical condition. Is this true?

A:

Under 29 CFR § 825.202 ©, FMLA does not generally require an employer to authorize intermittent leave in relation to child birth. However, an employer may agree to do so voluntarily.

Also, if your child has a medical condition which requires additional care, you may be able to use leave in relation to that condition. Events like a first birthday are not covered under FMLA, but you could take annual leave for that event. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Tags: , ,

Comments are closed.