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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.
Both mother and father are entitled to FMLA leave for the birth of their child, or placement with the employee of a child for adoption or foster care. An employee's entitlement to leave for a birth, adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement.