Legal Question in Medical Leave in Pennsylvania

Father's Use of FMLA Leave

The Family Medical Leave Act regulations state, at Section 825.112(a)(1), that "Employers covered by FMLA are required to grant leave to eligible employees: (1) for the birth of a son or daughter, and to care for the newborn child....". This applies both to the mother and the father. The only difference between the two is that Section 825.112(c) states that "An expectant mother may take FMLA leave pursuant to paragraph (a)(4)[i.e., leave for a serious health condition of the employee] of this section before the birth of the child for prenatal care or if her condition makes her unable to work." Otherwise, the employer is required to give FMLA leave to fathers, as well as to mothers.