Assuming that John is an eligible employee under the FMLA (he has met the one-year and 1,250 hours-of-service requirements and his employer employs at least 50 employees within 75 miles of the worksite), it depends on John’s status as a husband. Under the FMLA, a husband is entitled to leave if he is needed to care for his pregnant spouse during her prenatal care. Although physical care may not be needed, psychological care may be involved.

Until the 2008 revision of the Department of Labor’s implementing regulations, John would have qualified for such leave as the “father” of Cyndi’s baby. The revision changed the wording from “father” to “husband” to clarify that FMLA leave to care for a pregnant woman is available only to a spouse and not, for example, to a boyfriend or fiancé who is the father of the unborn child.

Keep in mind, though, that a husband may be a “common-law” husband in those states that recognize common-law marriage as a legal relationship.

Source: 29 CFR §825.120(a)(5) and 29 CFR §825.122(a).