You are eligible if: (1) your employer has at least 50 employees within 75 miles of your worksite; (2) you have worked for that employer for at least 12 months, which do not have to be in a row; and (3) you have worked at least 1,250 hours in the 12 months before your leave starts (roughly 24 hours a week).

You can use FMLA leave for your own serious health condition, including pregnancy and recovery from childbirth; to care for your baby or another family member with a serious health condition; or to bond with your baby during the first year of your baby’s life. If you take leave for any of these reasons, your employer may be able to count it as a part of your 12 weeks of FMLA.

Yes, and that includes time off during pregnancy, time to recover from childbirth, time at the hospital caring for your baby, and time to bond after your baby comes home. Keep close track of how much time you use.

Employers can measure the 12-month period in different ways, so the answer depends on where you work. Ask your HR department how your employer measures it, or contact our free helpline.

If possible, ask your supervisor or HR for time off at least 30 days in advance. If the need is unexpected — which is common with a premature birth or complications — tell your employer as soon as you are able. Your employer can require you to provide a medical form when you take FMLA leave. Be sure to get the form completed and returned on time. Contact our free helpline if your employer says you can’t get time off because you missed a deadline.

You may have a right to split up your FMLA leave so you don’t have to use it up quickly. Whether your employer is required to allow you to split it up depends on why you are taking it: 

If you are taking time off to care for a baby in the NICU or who has a serious health condition: You can take FMLA for short periods of time, such as one day a week or a few hours at a time. For example, a father who has FMLA leave available can choose to take just three hours off a day for two weeks while his newborn is in the NICU. This is called “intermittent leave.”

If you are taking time off to bond with your healthy baby at home: You have to take this time off all at once, unless your employer agrees to let you split it up.

Your 12 weeks of leave should be reduced proportionately based on the days or hours you take. Taking time off in smaller portions of time is a great way to stretch your leave.  

Example: Monica’s baby was born prematurely and is expected to be in the NICU for around 10 weeks. Monica takes the first 4 weeks off work while she is physically recovering from childbirth. If Monica took off the rest of the time her baby is in the NICU, she would only have two weeks of FMLA leave left when her baby is sent home from the hospital. Instead, Monica uses FMLA to work half-time for the remaining 6 weeks that her baby is in the hospital. Because Monica is working half time, she uses up only 3 weeks of her FMLA leave. Monica has 5 full weeks to bond with her baby at home.

First, check out our state law map to find out if you have time off available under the laws of the state where you work.  

Second, if your employer has at least 15 employees, the Pregnant Workers Fairness Act (PWFA) applies nationwide and can give you time off (or reduced hours) as a “reasonable accommodation” for pregnancy, childbirth, or a related medical condition. That includes the time you need for recovery from delivery, childbirth complications, and pregnancy-related mental health conditions like postpartum depression, anxiety, or PTSD. 

This time can be used after your FMLA leave runs out, and it may be available even if you were never eligible for FMLA. But there are two important differences from FMLA leave: 1) your employer does not have to keep paying for your health insurance, and 2) your employer does not have to provide the time off if doing so would be very difficult or expensive. If you aren’t sure whether it would be too difficult or expensive to take this leave, ask your employer or contact our free helpline for support.  

Your employer may ask you to provide a note from your healthcare provider to confirm you need time off. There are limits to the medical documentation your employer may request. Learn more here. Make sure your healthcare provider states an end date for your time off, even if it has to be changed later. Give this guide to your healthcare provider to help them share information in a way that protects your rights. 

This section is for all caregivers, including fathers and non-birth parents. 

Up to half of parents experience mental health challenges, such as PTSD, depression, or anxiety while their newborn is in a NICU. If you have a health condition of your own and need time off work for your own health needs, you may have a right to take it as a “reasonable accommodation” for a mental health condition under disability law. This time can be used after your FMLA leave runs out, and it may be available even if you were never eligible for FMLA. 

How do I know if I’m eligible for time off as a reasonable accommodation?

• If your employer has at least 15 employees, the Americans with Disabilities Act (ADA) requires it to provide reasonable accommodations for your own disability. (Some states have rights that apply to people working for smaller employers.) The legal definition of disability is broader than many people expect. Mental health conditions that came from or were made worse by a traumatic birth experience or lengthy NICU stay may count as disabilities that employers must accommodate. If you have a health need and would benefit from time off work or reduced hours, you may be able to get those as reasonable accommodations for a disability.
• Be ready to provide a medical note to support your request. Your healthcare provider should provide an end date for your time off, even if it has to be changed later.
• Even if you have a disability and your doctor says you need time off, your employer does not have to provide this time off if it would be very difficult or expensive. If your employer says no, contact our free helpline.

Must my employer continue my health insurance benefits?

• Your employer does not have to continue your health insurance when you are taking time off as a disability accommodation. On the other hand, your employer must cover its portion of your health insurance benefits if you are taking FMLA leave (see above).