Q: We have had several employees request FMLA leave after the birth of a baby or a newly-placed child in the home.

None of these employees are mothers: one is a new father, another is a grandparent who was just awarded custody of her five-year-old grandson, and the third employee’s new girlfriend gave birth to a baby that isn’t his.

We have always had a maternity policy for our female employees, but does Connecticut’s FMLA law require us to provide a leave of absence for these employees as well?

A: It appears that each of these employees has requested bonding leave, a leave of absence allowed by Connecticut’s FMLA statute when certain conditions are met.

Employers are required to grant bonding leave to eligible employees upon (1) the birth of the employee’s son or daughter, and to care for the newborn child; and (2) the placement of a son or daughter with the employee for adoption or foster care, and to care for the newly-placed child.

Leave Rights

Let’s address each of your examples below:

The right to take leave under FMLA applies equally to male and female employees. So, while only a female employee will be eligible to take leave for incapacity due to pregnancy, prenatal care, or childbirth, both male and female employees may be eligible for leave to bond with a child.

Your employee who requested FMLA leave after becoming a new father is eligible for 12 weeks of bonding leave, assuming he has worked for you for at least three months.

Your employee who recently gained...

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