Legal Question in Medical Leave in Maryland

Re: Paternity Leave Certification

Sec. 825.305 of the federal regulations re the FMLA provide that an employer may require that an employee's leave to care for the employee's seriously ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a certification issued by the health care provider. Beyond this the regulations do not address the exact question you ask. An argument could be made that since the regulations do not state that a certification is required regarding a spouse's pregnancy, that one is not required. This is as close as I can get to answering your question.

Danny Wash

Wash & Thomas

6613 Sanger Ave.