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FMLA and Unmarried Same Sex Partner Giving Birth

Does the FMLA cover the partner of a same sex couple who’s partner is giving birth? They are unmarried. (Pennsylvania)

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 workweeks of unpaid job-protected leave for qualified family and medical reasons, including the birth of a child and to bond with a newborn; and to care for a covered family member with a serious health condition.

An employee’s entitlement to leave for baby bonding begins when the baby is born and expires 12 months after the date of birth. Bonding leave must be taken as a continuous block of leave unless the employer agrees to allow intermittent leave. Both mother and father are entitled to leave. A person who will co-parent a same-sex partner’s biological child may also take leave for the birth of the child and for bonding.

This entry was posted on Thursday, November 12th, 2015 at 8:12 pm and is filed under
Labor Laws.
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