Not intending to debate anything here, just framing the FMLA requirements. The mother and father are allowed 12 weeks of combined leave. If they both take off, it's 6 weeks each. And businesses are not required to pay you while you're off. They just can't fire you.

I believe you are mistaken about the leave being combined.

http://family.findlaw.com/paternity/fathers-rights-and-fmla....

"Both or either covered parent may take 12 weeks for the birth of a newborn or the placement of an adopted or foster child. If both parents work in positions covered by the FMLA, they will both be entitled to leave for an expanding family."

In a family with an expectant mother and father, both are allowed 12 weeks of leave under FMLA.

You are correct, however, that this leave is unpaid, employers can require you to use all accrued vacation/sick leave prior to FMLA, and you aren't guaranteed your same job back, just an equivalent job.

Ahh, the combined 12 weeks is the case when both parents are employed by the same employer. So you're right, it's usually 12 weeks each.

https://webapps.dol.gov/elaws/whd/fmla/10a1.aspx

> A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period ...

But generally, even if they're both covered, they can both only take 12 weeks if the mother is somehow incapacitated.

>The mother is entitled to FMLA leave for any period of incapacity due to pregnancy, for prenatal care or for her own serious health condition following the birth of a child. The husband is entitled to FMLA leave if needed to care for his pregnant spouse who is incapacitated or if needed to care for her during her prenatal care, or if needed to care for the spouse following the birth of a child if the spouse has a serious health condition. See Serious Health Condition for more information.