Question: If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available?
Answer: The FMLA has some restrictions on when an employee can take leave for birth or bonding with a new child. First, leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. Generally, both mothers and fathers have the same right to take FMLA leave to bond with a newborn child. However, intermittent FMLA leave to bond with the child throughout the 12-month period is subject to employer approval. “Intermittent leave” is leave taken in separate blocks of time for a single qualifying reason.
For example: John uses FMLA leave to bond with a newborn baby for the first two weeks after birth. When his wife returns to work three months later, John can take another four weeks of FMLA bonding leave only with employer approval.
There are many factors you may want to consider when deciding whether to approve an employee’s intermittent FMLA request for bonding, such as other state leave law requirements or internal policies or practices. If, however, the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently without employer approval, so long as the leave is medically necessary and is within any given 12-month limitation period. If the father and mother are married and work for the same employer, they are limited to a combined total of 12 workweeks of FMLA leave in a 12-month period for birth, placement, and bonding with a new child.
Janae Ruppert is an attorney with Holland & Hart LLP in Cheyenne, Wyoming, and can be reached at jeruppert@hollandhart.com.