Q. Does all prenatal care qualify for, or does the female employee need to have complications to qualify? Also, can a husband take leave for his wife’s prenatal care, such as accompanying her to an ultrasound?
A. Theare clear that a female employee is entitled to leave to attend routine prenatal care appointments. The regulations are less than clear concerning whether a male employee is entitled to accompany his spouse to such appointments.
However, in light of recent case law—which very broadly defines an employee’s right to leave to provide comfort to a spouse or immediate family member with a serious health condition—employers run a significant risk when denying a male employee’s request to attend a routine prenatal examination.
- Under new FMLA rules, think twice before automatically firing workers who don't call in
- Counting paid time off as FMLA leave? Tell employee you're running them concurrently
- Courts look at unpaid, off-the-clock work when tallying 1,250-hour FMLA threshold
- FMLA: What to do when worker refuses OT
- Warn supervisors: It's not your job to question why employees take FMLA leave