Human Resource Blog

Paternal Leave

Good Afternoon,

Can a male use intermittent FMLA leave to take his pregnant wife to her prenatal doctor visits? Assuming that the woman is in good health and can drive herself to the Doctor.

Thank you

Yes. This is one of the main purposes of FMLA. Pregnancy is always a “serious health condition” under FMLA, and an employee can take up to 12 weeks of unpaid, job-protected leave to care for a spouse with a serious health condition. This includes intermittent FMLA. Many employers assume that FMLA is only permitted if the spouse is unable to care for himself/herself, but that is not true. An employee can take FMLA to provide psychological support, transportation, as well as to physically care for the spouse. It is completely reasonable for the husband to take time off for prenatal appointments, especialy for the sonogram, etc.

Note that this applies only to legally married spouses. There is no provision under FMLA for a live-in boyfriend or significant other to take time off. However, once the baby is born, the father can take up to 12 weeks off for baby bonding, even if he is not married.

Since doctors appointments are predicatable, the employee should inform you in advance when he needs to take time off under FMLA.