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Reputation: 874

FMLA allow for unpaid leave to care for a newborn. How far after the birth can I take leave? In other words, what's is a newborn according to the law?

I've tried to figure this out using google, unsuccessfully. I want to know if I can take a month off when my kid is, say, 8 months old.

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  • Froggyskull_3_small
    Reputation: 254

    Per the DOL's page on FMLA:

    Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

    * for the birth and care of the newborn child of the employee;
    * for placement with the employee of a son or daughter for adoption or foster care;
    * to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
    * to take medical leave when the employee is unable to work because of a serious health condition.

    So it sounds like the answer is yes. (Personally, I was able to take mine three months after my daughter was born - in other words, after my wife finished her leave.) One caveat - FMLA counts against ALL these possibilities, so if you took time off because your wife was put on bedrest prior to your child's birth, that time comes out of this 12 week allotment.

    Check with your HR department - they'll know.

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