Legal Question in Medical Leave in Maryland

Re: FMLA and Prenatal Paternal Leave

First, congratulations and good luck with the baby.

Second, the father is entitled to take both prenatal and paternity leave for the child. It does not matter whether you are married because, as you said, the leave was for the possible birth, not to care for you. (He can not take FMLA leave to care for you, unfortunately, because you are not married.)

The law at 29 C.F.R. section 825.112(c) specifically says that "circumstances may require that FMLA leave begin before the actual date of birth of a child." To me, this clearly includes your situation where birth is possible. Of course the law also allows for leave for the birth itself (section 825.112 (a)(1)), which also includes your situation.

The first section I mentioned goes onto say that the mother may take leave before the birth for her own health. Perhaps the employer is misinterpreting that to mean only the mother can take prenatal leave. But that is wrong.

Also, if they are denying leave because you are not married, that arguably is illegal discrimination on the basis of marital status under state and county law. The father could file a free complaint with the state or county human rights commission.

But the better approach is to bring all this to the attention of a senior HR person (VP) or other trusted executive (COO? CEO?) and ask for a review (with company counsel if need be).

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

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http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.