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Question: Can an employee use Family and Medical Leave Act (FMLA) time for bonding after the child is born when a surrogate is used?

Answer: “Bonding time” as a leave is an eligible event under the Family and Medical Leave Act (FMLA) for cases such as adoption, foster placement, and birth, regardless of whether a surrogate was or was not involved. Both parents are entitled to FMLA leave to be with the new child (i.e., bonding time) during the 12-month period beginning on the date of birth or date of placement.