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Frequently Asked Questions Benefits for LGBT Federal Employees and Annuitants

I often hear FMLA (Family and Medical Leave Act) mentioned in relation to pregnancy and childbirth. If my spouse is pregnant, what FMLA entitlements am I eligible to use?

FMLA can be used for:

- the birth of a son or daughter of the employee and the care of such son or daughter;

- the placement of a son or daughter with the employee for adoption or foster care; or

- the care of spouse who has a serious health condition, which includes any incapacity due to pregnancy or childbirth.

You can use FMLA to care for a spouse for prenatal care or any “period of incapacity related to the pregnancy,” which includes morning sickness and recovery from childbirth. You can also use FMLA to bond with or care for your newborn.

However, you also can use other programs, like sick leave, to care for your spouse for prenatal care, morning sickness, or her recovery following childbirth.  We suggest you read our Handbook on Leave and Workplace Flexibilities for Childbirth, Adoption, and Foster Care to explore all your options.

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