FMLA - Denied unless the ee will also care for the newborn?

HRAMERICA

The regs state that an employeee is entitled to FMLA "for the birth of a child, and to care for the child." Question:Does this reg mean that the employee cannot take a FMLA reg for a newborn child unless the employee is also going to care for the child?

System

Pregnancy that results in the employee not being able to work is a qualifying medical leave under FMLA. Following the birth of a child, the father and mother are entitled to FMLA leave for "baby bonding." Providing care to a seriously ill child is a separate circumstance from the other two.

HRAMERICA

I should have made the question more clear. The "care" in question is simply the general care given to any newborn child upon its arrival at home. Not care for a seriously sick child.

System

"Care for the newborn" means what is now called "baby-bonding." Care doesn't necessarily mean primary caregiver. Don't get into the issue with any parent on exactly what activities they will do in caring for the newborn.

It is recognized that the parent in the home, even if he or she is not the primary caregiver, does provide in the development of the newborn. Remember, FMLA grew out of everyones concern about family values.

If you want to take a closer look at this, go to DOL website at

[url]http://www.dol.gov/dol/esa/fmla.htm[/url]

and click on "A Workable Balance." Either in Chapter 1 or 2 they reference the importance of the parent in the home independent of being the primary caregiver.