FMLA leave and baby bonding: Why it’s so complicated
Recently, someone reached out with a question about baby bonding time under the Family and Medical Leave Act (FMLA). On the surface, FMLA leave for bonding seems straightforward. But it has some twists and turns.
FMLA leave and time off to provide childcare are usually two unrelated situations. However, let’s say an employee asks about using FMLA bonding time for a child under the age of one. And the employee admits that the need for leave is related to issues with childcare. What should an employer do?
Consider all the facts
Initially, the response might be to say “no.” But the best way to approach this type of request is to consider all the facts involved, such as:
- Employee eligibility. Does the employee meet all the eligibility requirements for FMLA leave?
- FMLA availability. Assuming the employee is eligible for FMLA leave, how much leave time (if any) does the employee have remaining in the leave year?
- Birth and bonding time. Has the employee already taken FMLA birth/bonding time? And, if so, how much time is remaining?
- Company policy. What’s the company’s policy on employees taking intermittent leave for bonding time? Do the company require bonding time to be taken in a continuous block? The answers to the questions above — especially the third and fourth bullet points — will help shed light on how to handle a request like this.
Baby bonding and childcare
It’s important to note that normally the FMLA isn’t for addressing childcare issues. However, given that in this case the baby is still under one year, it makes a bonding time request a little more complex.
An employee’s entitlement to FMLA leave for birth and bonding expires 12 months after the date of birth. Both mothers and fathers have the same right to take FMLA leave for the birth of a child.
When leave is taken for bonding with a healthy child, whether by birth, adoption, or foster placement, employees are not automatically entitled to intermittent (or reduced schedule) leave. They may take intermittent/reduced schedule leave only if the employer agrees. This is something to include in a policy.
So, in this case, let’s assume the employee is eligible for FMLA leave, used some, but not all the entitled leave for baby bonding. If the company policy requires baby bonding to occur in a continuous block of time, then an employer likely could deny this request.
If a company is open to intermittent bonding time, however, and has allowed it for other employees, then an employer would likely have to allow it for this employee.
With the baby being under one year old, the employee would have an argument for being able to take bonding time — even if the stated reason is childcare issues.
Key to remember: Employers must consider multiple factors when it comes to approving FMLA leave.