Must an employer grant an employee's request for intermittent or reduced-schedule leave following the birth or placement of a healthy child?

No. FMLA Regulation 825.120(6)(b) states: "An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees." Although an employer has the authority to deny intermittent or reduced-schedule leave, it is important for the employer to include this restriction in its FMLA policy and to apply the policy equally and fairly to all employees. In addition, the choice to deny intermittent or reduced-schedule leave does not extend to an employee's request for baby bonding leave taken in one consecutive period in conjunction with the birth or placement of the child for foster care or adoption. Alternatively, an employer is obligated to provide intermittent or reduced-schedule FMLA leave in situations where the time off is to care for a covered child who has a serious health condition. 

In many instances, an employee will take a period of continuous leave in association with the birth or placement of a child and return to work prior to exhausting the full 12 weeks of leave. If the employee did not take the full 12 weeks of leave at one time and requests bonding leave within the first 12 months following the date of birth, it is now considered an intermittent leave situation and the employer would not be required to grant the second leave request.