FMLA Leave: Birth of an Employee’s Child or Adoption of a Child
An employee is able to take a FMLA leave of absence because of the birth of their child or the adoption of a child.
Who May Take This Leave?
Both male employees and female employees are entitled to take a leave because of the birth of their child or the adoption of a child.
When Must an Employee’s FMLA Leave for the Birth of a Child or Adoption of a Child Be Concluded?
An employee must take their FMLA leave because of the birth of their child or the adoption of a child within one year from the child’s birth or the child’s adoption.
An employee who adopts a child may take some of their leave prior to the adoption of their child if they need to miss work in order to meet the requirements necessary for an adoption to be able to proceed. This would include absences for attendance at counseling sessions, court appearances, attorney consultations, consultations with doctors, and/or consultations with the birth parent.
Note: A female employee may take a FMLA leave before their child’s birth because of her own serious health condition.