Normally, do employers have to give the husband of a surrogate mother paternity leave (unpaid)?? And- can this leave be taken awhile after the birth, or does it have to be immediately following the birth?
Reply by Rayven As the surrogate's husband is not becoming a parent, he does not qualify for paid or unpaid paternity leave. Some surrogate's have their husband take some time off. Mine has always taken his week of vacation for either my transfer or the birth.
Comments for
Surrogate's Husband and Paternity Leave
Allowed vs Ethical by: Rayven from Information on Surrogacy
Whether it is allowed or not, there is a question of ethics. A company gives a man time off work to adjust to his life as a new parent. Your husband is not becoming a new parent. Whether your name is on the birth certificate or not, that baby is not yours.
In my opinion, it would be the same as if your name was briefly on the birth certificate and you decided to claim the intended parent's baby on your taxes. Its not your baby, so ethically and legally you'd have no right to do so.
Would they probably let him off work? Sure. But is it ethical? Could it affect him later? That's something you'd need to work out. If it gets back to higher-ups that this was a surrogacy, they might start to question it, which could turn ugly. My thought is that you never want to jeopardize your own family in an attempt to help another.
There should be some other provisions in his FMLA that will allow him to take off work for a member of his family being in the hospital. Go that route, instead of the paternity leave, instead.
Oct 10, 2011 Rating
Are you sure? by: Anonymous
Thanks for the reply. Are you sure that is always the case? Doesn't it seem like since my name will initially be on the birth certificate, the insurance will understand that I need assistance after the birth? As in FMLA? I'm worried now.
