Father FMLA, Birth of Child


Thanks in advance for your assistance. If a baby is born in October, can an employee (father) wait until January to take FMLA?


  • 3 Comments sorted by Votes Date Added
  • Hi Kevin:
    Assuming that the leave is taken for bonding, yes. The FMLA regulations only require that bonding leave must be completed within 12 months of the date of birth or placement (adoption/foster care).
  • Let's say in this situation the employee's child is born at 11 months of employment. He then requests FMLA leave once he crosses the 12-month threshold.

    Is he then eligible over the following 11 months until the child reaches one year, or does the FMLA not apply due to the triggering event happening while he was ineligible?

  • If he is eligible to take FMLA (completed 1 year of service etc), and the baby was born within the last year then the eligible times overlap. If the baby was born when the employee had only been employeed 2 months the employee could take 8 weeks to bond when the baby became 10 months old (assuming all other requirements like total hours had been met). Nothing in the regs states that the child must be born after the employee becomes eligible for FMLA.
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