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She would still qualify for leave while recovering from the birth under the "unable to work because of a serious health condition" rule, but as a previous poster mentioned, the employer likely would not ask questions and the mother could get approved for the full leave based on documentation of the birth. I know of cases where fathers took paternity leave (which is also covered) and then did not use the time providing child care (i.e. in a case where the mother and father were not together and the child was with the mother). Most employers tend to err on the side of caution when it comes to FMLA because they don't want to risk legal difficulties.
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7/21/08 -- attended special needs adoption informational meeting, submitted interest form
7/31/08 -- consultation with state agency
8/6/08 -- submitted application
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