Can a husband take FMLA leave for his wife’s childbirth?

If you and your spouse both work for the same employer, then both of you cannot take the 12 weeks off to care for a newborn child. However, if you work for the same employer, the two of you can take a combined 12-weeks off. If you do not work for the same employer, the right to take leave under FMLA applies equally to both father and mother - both may take family leave for birth, placement for adoption or foster care of a child.