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In the case of a new father, it would be appropriate to ask for a copy of the legal birth certificate. However, it may take some time for the father to produce this document. We will note that a father can take up to 12 weeks of continuous FMLA to care for and bond with a newborn. However, there is no provision under that law that would allow the father to take time off to provide childcare for the other children in the home.
A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee's son or daughter or to care for the child after birth or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement, or to care for the employee's parent with a serious health condition.