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What are the rights of an employee who wants leave to care for his pregnant girlfriend?

by on
in FMLA Guidelines,Human Resources

Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?

A.
Before the child is born, he has none. The FMLA does not grant any leave rights to unwed fathers in regard to the mother’s health. Only husbands are eligible to take leave to care for an incapacitated pregnant spouse, provide care before birth or care for a mother with a serious medical condition following the birth of a child.

All fathers—whether wed or unwed—are entitled to FMLA leave for the birth of their child and for paternity leave to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth.

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