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The technical (legal) answer is no, she would not qualify.
However, realistically, if it wasn't known to the person approving FMLA, they wouldn't know any differently and they would approve it. Typically, when taking FMLA for the birth of a baby, the employer only requires hosptial documentation of the baby's birth. The birthmom would be able to provide this. There is not additional documentation is that usually requested in these types of situations, therefore it's unlikely that it would be questioned.
On a semi-related note, my dh's employer offers 'adoption leave'. They offer paid time off to adoptive mom's and dad's following the placement of an adoptive baby. The difference is: mom's get 2 weeks paid adoption leave and dad's get 1 week. How is that legal?? I really don't understand it!
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