Maybe I'm not understanding what you're saying here... Because if he requested FMLA to care for his wife due to her preg , Once she has the baby, that FMLA case is no longer valid because she's no longer PREGNANT.
She doesn't have to be PREGNANT for he to take time as FMLA to care for her. Try shoving a 8lb ham up your rear and then push it back out and you'll have an idea of why his wife might need a hand for a week or two. That's hoping for a normal,no complications childbirth. And yes, it falls under FMLA.
The only leave he could take would be bonding (with the child) UNLESS there was something that happened to her during the birth of the child which caused her to need further medical attention where he would need to be in her presence to provide assistance periodically.
Family and Medical Leave Act
Overview
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Where do you see anything about bonding? It says "birth and care". Next paragraph down notice "to care for an employee's spouse" who has a serious health condition. Squeezing the previously mentioned child out of her privates falls in that category.