Q: Can an employee whose significant other is expecting a baby take leave under FML?
A: An employee may take family medical leave (FML) for the birth of the child if he or she is the biological, adoptive, step-parent, foster parent, or someone who intends to take on the day-to-day responsibility for caring for the child or financially supporting the child (standing in loco parentis). Like all parents, the employee may take up to 12 weeks of FML for the birth of the child and to bond with a healthy newborn. Because the employee is not the spouse of the expectant mother, he or she may not use FML to care for the mother should she be incapacitated due to pregnancy or to care for her while she recovers from the delivery. Additionally, he or she would not be required to share bonding time with the mother if both parents are employees of the district.
We address this question and several others in the HR Library topic, FAQs About Using Family Medical Leave for the Birth or Placement of a Child (member login required).
April Mabry oversees HR Services training services, member library products, and the HRX newsletter. She has provided HR training and guidance to Texas public schools since 1991. Mabry was a classroom teacher for 11 years in Texas and Michigan.
Mabry has a bachelor’s degree in education from the University of Michigan and certification as a professional in human resources (PHR) and is a SHRM-CP.
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