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Unmarried Father taking FMLA for Child

1.Can a Father take FMLA to go to “doctor” visits with the mother of his unborn child? 2.Can the Father (unmarried) take FMLA before baby is born to care for the mother that is on bed Rest with his Child to help her take care of this 2 other children that are under the age of 5 due to the fact she is have complications during her pregnancy

The Family and Medical Leave Act (FMLA) entitles an eligible employee to take up to 12 workweeks of job-protected unpaid leave for specified family and medical reasons.

Eligible employees may take leave for one or more of the following reasons:
• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
• To care for a spouse, son, daughter, or parent who has a serious health condition;
• For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

The father of an unborn child is not eligible for FMLA leave to attend the mother’s prenatal doctor visits or to care for the mother during her pregnancy. Even if the mother becomes incapacitated due to pregnancy complications, the father would still not be eligible for FMLA leave to care for her since they’re not married.

A father can only use FMLA leave to care for his spouse, not girlfriend or fiancé, who is incapacitated due to pregnancy or child birth.

Unmarried fathers are entitled to FMLA leave for the birth of their child and for bonding time with the newborn during the 12-month period following the date of birth.

Keep in mind, even though the father and mother may not be formally married, some states recognize common law marriages as legal relationships. In those states, the father may be considered a “common law husband” and entitled to applicable FMLA rights.

This entry was posted on Monday, April 20th, 2015 at 7:18 pm and is filed under
Benefits, Labor Laws.
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