Legal Question in Medical Leave in Virginia

FMLA for a father-to-be using a surrogate

Can an employer state that an employee cannot start FMLA until the birth of his child ? They are telling me that since I am not married to the mother of my child (I am using a surrogate), that I cannot be there for the birth, despite that the FMLA states ''for the birth of a newborn child.''

Can I take leave just prior to her due date (it's a cross country flight to where she lives), or do I have to miss the birth of my child ?


Asked on 9/18/07, 1:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: FMLA for a father-to-be using a surrogate

No, the language of the FMLA would seem to clearly include the birthing event itself and does not require that the employee be married to the one giving birth.

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Answered on 9/18/07, 9:23 am


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