Quote Quoting eaglescout264
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My question involves labor and employment law for the state of: Pennsylvania.

My girlfriend is due to give birth on February 18th and when I spoke to a contact about the FMLA leave she informed me that the company can approve or deny my leave denpending on the workload for the time. On the other hand, I've been told that this can't be done because the Family and Medical Leave Act was put into place so that no matter what the circumstance, as long as the guidelines are met you are able to take leave to care for your child.
First off, you do not have to be married to the mother in order to be entitled to FMLA leave for the birth & care of "your" child. You are entitled to this time off as the father if you qualify for FMLA - they can't deny it. (Only a spouse though under the new rules can take off for pre-natal care of the mother) However, you can take leave for the birth & care of a new child on an intermittent schedule only if your employer agrees.

Do you meet all the requirements for FMLA?
Have you worked for your employer for at least 12 months? (do not have to be consecutive)
Will you have worked for your employer at least 1250 hrs. immediately preceding the leave?
Do you work for an employer with 50 or more employees within a 75 mile radius of your work site?
If so, you can have up to 12 weeks of unpaid FMLA leave - you get up to 12 weeks of unpaid, job-protected leave within every 12 month FMLA period.

If they won't allow you off, contact the US DOL who oversees FMLA.