Surrogates and the FMLA

hr410 · February 2007

Does anyone know for sure that surrogates are prohibited from taking FMLA leave after a birth (for non-medical bonding)? I am having a hard time finding any authority saying that surrogates are banned from taking bonding leave. Seems like surrogates should only qualify for FMLA leave for a serious health condition and recovery. Has anyone had this issue?

Thanks!

KMoore1 · February 2007

I think you are right -- if the surrogate is medically able to return to work, she should not receive any leave for bonding under FMLA.

BarbieW · February 2007

I agree with you. A surrogate mother does not have a new baby at home to bond with so her leave time would be related to her serious health condition--once she recovers from childbirth, she should be back to work. It is interesting though because you would have to rely on the surrogate mother to disclose this fact. Otherwise, I guess you would have to assume she is entitled to the full 12 weeks of FMLA leave. Since this is a tough one, I guess we should be glad that it likely won't come up very often.

IrisD · February 2007

I have seen a surrogate contract, and the "embryo carrier" relinquishes physical custody of the baby at birth to the genetic parents.

Surrogates and the FMLA

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