How the FMLA Protects You When Welcoming a New Child

Welcoming a new child into your family is a major life event that often requires time to prepare, adjust, and bond. Fortunately, the Family and Medical Leave Act (FMLA) offers critical protections to help you do that.

Under the FMLA, eligible employees can take up to 12 workweeks of unpaid, job-protected leave within a 12-month period for reasons such as childbirth, bonding with a newborn, or dealing with pregnancy-related medical needs.

This leave applies to both parents and can be taken at once or in smaller blocks, depending on what works best for your family and meets your employer’s guidelines. 

FMLA Eligibility Explained

To qualify for FMLA leave, you must have worked for your employer for at least 12 months and logged at least 1,250 hours within the past year. Additionally, your workplace must employ at least 50 people within a 75-mile radius.

Covered employers include private-sector companies, public agencies, and public and private schools.

How Bonding Leave Works

After your child is born, you can use FMLA leave at any point during the first 12 months. Whether you take the time immediately after delivery or wait until later in the year, the choice is yours, and it is whatever works best for your family.

Leave for Adoption or Foster Placement

FMLA leave also applies when a child is adopted or placed with you for foster care. This includes time spent preparing for the placement, such as attending court hearings, traveling, or completing medical appointments. There’s no minimum length of placement—short-term foster care arrangements may still qualify.

How FMLA Defines a ‘Child’

Under the FMLA, a child includes:

• A biological, adopted, or foster child
• A stepchild or legal ward
• Any child for whom you stand in loco parentis (acting as a parent, even without a legal relationship)

If the child has a serious medical condition, you have the right to take FMLA leave—even intermittently—regardless of whether your employer approves. However, if you're using leave to bond with a healthy child and want to take that time in smaller blocks (for example, a few weeks at a time), your employer must agree to that arrangement.

Using Leave Across FMLA Years

If your employer uses a rolling 12-month calendar, you may be able to extend bonding time across two FMLA leave years, as long as it’s still within 12 months of your child’s birth or placement.

Here’s an example:

Lucy gives birth in April and takes eight weeks of leave through June. Her employer resets FMLA eligibility on July 1, so she uses additional bonding leave in the fall, all before the baby’s first birthday.

When Both Parents Work for the Same Employer

If you're married and work for the same company, you’re entitled to a combined 12 weeks of bonding leave. However, this rule doesn’t apply to unmarried partners; each person is entitled to a full 12 weeks individually.

Using Leave Before or After Birth

FMLA also covers pregnancy-related medical leave and postpartum recovery. This includes complications like bed rest or hyperemesis, as well as time off following a stillbirth or pregnancy loss. Spouses can also use FMLA leave to care for their partner during these medical events.

Breaks for Pumping at Work

Under the Fair Labor Standards Act (FLSA), nursing employees are entitled to breaks to express breast milk at work. Employers must provide a private, non-bathroom space, and this protection lasts up to one year after the child’s birth.

What Employers Can Request

Your employer cannot require a medical certification for bonding leave. However, they may ask for reasonable proof of your relationship to the child, such as a birth certificate, court order, or a simple written statement.

Know Your Rights

Finally, it’s illegal for your employer to retaliate against you for taking or requesting FMLA leave.  If they do, you may be able to take legal action against them. If that’s what you’re already dealing with, consider having your case reviewed for free by the team at Morgan & Morgan.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.