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Father Bonding for FMLA

Does the father need to provide medical certification for spouse having the child?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a 12 month period for specified family and medical reasons.

A father can use FMLA leave for the birth of a child (baby bonding) for up to one year after the child’s birth.

An employer may not request medical certification from an individual taking leave for baby bonding. Though medical certification may not be requested, the employer can still require some other form of documentation confirming the pregnancy, due date, or birthdate of the child. Such documentation can include a note from the doctor or the child’s birth certificate. If you choose to require such documentation, it’s important to apply the practice consistently to all applicable employees.

Keep in mind, the employer is still required to provide the father with the appropriate FMLA notice of eligibility/rights/responsibilities and designation notice forms.

This entry was posted on Tuesday, July 21st, 2015 at 8:49 pm and is filed under
Labor Laws.
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