First: Are there any paternity leave and/or family medical leave laws particular to the state of New Hampshire? A search of the statutes left me empty handed.

Second: I am 38 weeks pregnant and my husband wants to take 2 weeks off to be with baby and I once baby is born. His employer has agreed to this arrangement (not in writing); this agreement essentially states that once I go into labor his vacation time will begin (1st week). He will then be paid for an additional week based on work schedules (he works 7 days on/7 days off).

Problem is that his coworker was in a severe accident and is now on leave himself, and there are no other people available to cover (healthcare). I am concerned that the employer will say "too bad" once I go into labor, potentially jeapordizing husband's job if he does not show for work because he is in the hospital with me.

Would opening an FMLA request with the employer at this point cover husband's job? Are there any other items we should consider at this point?

Thanks!

(Husband is FMLA eligible)

FMLA requires 30 day notice for a foreseeable condition. As an employer, I would argue that the birth of a child is certainly foreseeable as one usually has 6-7 mos of foreknowledge.

I would tell your husband to submit his request in writing. He should say something like: " This request is to confirm our conversation on (insert date) of my request for two weeks off pending my child's birth." Hopefully the initial conversation is at least 30 days from the due date. If the employer doesn't challenge this, it should suffice.

However, if the employer says we never had that conversation, your husband may have issues and the 30-day wait period could start from the day he submits his request.

Finally, remember that your husband has one year to bond. It may go over very well with the employer if he modifies his FMLA request due to circumstances at the company. Perhaps he tells his boss that he will take one week upon birth and another week when the co-worker is able to return to work. Just a thought.