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Must we grant dad intermittent FMLA leave after baby is born?

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Q. Do we have to grant an employee’s request for intermittent FMLA leave to care for his newborn son?

A. Not necessarily. The FMLA entitles a father of a newborn to take up to 12 weeks of leave to care for the child. Leave to care for a newborn must be complete within 12 months of the birth. However, the leave may not be intermittent or on a reduced schedule unless the employer agrees to provide the intermittent leave.

Thus, unless you agree to permit your employee to work on a reduced schedule, you are not required to grant his request. If your employee’s newborn son, however, suffers from a serious health condition, you cannot refuse his request for intermittent leave.

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