The 11th Circuit Court of Appeals ruled in Tanner v. Stryker Corp. that an unmarried employee is not entitled to FMLA leave before the birth of their child, as FMLA leave starts at the child's birth and exceptions do not cover expectant parents who are neither pregnant nor married to a pregnant spouse. Click here for article.
FMLA provides up to 12 weeks of unpaid leave for eligible employees for reasons including the birth of a child and care for the child in the first 12 months.
Tanner used his accrued time off to relocate before his child's birth, leaving him with unexcused absences which led to his termination by Stryker Corp.
The court ruled that FMLA leave begins at the birth of the child, with pre-birth leave exceptions limited to specific circumstances involving pregnancy and prenatal care.
The court affirmed that pre-birth leave for expectant parents who are not pregnant or married to a pregnant spouse is not covered by FMLA regulations.
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