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Sep28

Which FMLA forms do new fathers have to fill out for FMLA

Which FMLA forms must a father fill out for the birth of a child? Does he complete the WH-380-F Form?

That depends upon why the new father is taking leave.

A male employees is entitled to FMLA to provide physical and psychological support to his wife at prenatal appointments when she has the serious health condition of pregnancy. He is also entitled to FMLA leave during labor and childbirth. (An unmarried man is not entitled to such leave, even if he is the father of the child. A man cannot take FMLA to be there for his girlfriend when she gives birth — FMLA only covers leave to care for a spouse, parent, son or daughter. A girlfriend does not fit into any of those categories.) The employee would fill out the WH-380-F form to take leave for his wifes pregnancy or childbirth.

An employee of either sex can take up to 12 weeks of FMLA leave to care for a newborn child during the childs first year of life. This leave can also be taken to care for a newly adopted child or a foster child who is new to the home, within the first year. It is available as long as the adoptee or foster child is under 18. This leave is not for a serious health condition. Therefore, form WH-380-F is not required. The new parent can be asked to document his or her relationship to the child. This could be done with a birth certificate or even a hand-written statement (by the parent) attesting to the relationship. This type of leave is available even to a male employee who is not married to his childs mother. In this case, no serious health condition is required and only WH-381 is necessary.  

If the male employee is taking both types of leave, he will fill out both WH-380-F and Wh-381.

Different rules apply for military family leave.

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