Employees can take a full 12 weeks of FMLA leave (assuming that they have had no other leave-qualifying events during the 12-month period) for the birth, adoption, or foster care of a child (sometimes referred to as “bonding leave”).
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Bonding leave is available to either men or women, and no medical certification is required. However, bonding leave must be completed within 12 months of the date of birth or placement.
The courts have expressed a clear intent that both men and women be eligible for FMLA leave to care for a newborn or newly placed child. Employers should not under any circumstances question the right of a male parent to take FMLA leave for bonding.