Legal Question in Employment Law in Washington

Re: couple using surrogate and medical leave

Family medical leave is available when you bring a new baby into your home. The law specifically applies to adopted children as well as children who come along by more traditional methods. The law does not specifically mention children born through surrogacy, and I have not researched the case law, but I don't think you'll have any problem getting the law applied to you. The more important question is, does your employer have 50 or more employees? If not, they are not subject to the FMLA. Also, remember, if FMLA applies, and if you have worked full time for a year, you are entitled to 12 weeks of leave, but it can be (and usually is) unpaid.

Congratulations on your new babies!