Legal Question in Medical Leave in Virginia

Paternity leave laws for state of Va

Does the state of Virginia allow a father to take paternity leave when their child is born? Does this fall under the FMLA laws or something else? If paternity is allowed, for what period of time? Are there specific forms that need to be filed prior to the birth with the state or employer? I understand it may be up to the employer to provide leave with or without pay. I have done some initial research and it appears that Va does not rank high among the states as one that supports this type of leave.

Thanks


Asked on 11/02/05, 10:53 am

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

Re: Paternity leave laws for state of Va

While the Commonwealth may not be enthusiastic about providing what you've termed "paternity leave" for its male employees, under the federal Family & Medical Leave Act(FMLA),the State is required, upon proper application of the employee who meets the required criteria for eligibility, to grant up to 12 weeks of unpaid leave in any 12 month period to such an employee

"for the birth and care of the newborn child of the employee."

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Answered on 11/02/05, 3:46 pm


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