Legal Update: Court Denies FMLA Leave for Unmarried Father Before Child’s Birth

The 11th Circuit Court of Appeals recently held in Tanner v. Stryker Corp. that an unmarried employee who traveled to be with his pregnant ex-girlfriend for the birth of their baby was not entitled to leave before the child’s birth under the federal Family and Medical Leave Act (FMLA). The 11th Circuit has jurisdiction over Alabama, Florida and Georgia, and its rulings must be followed by employers in those states.

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