does the comapny have too have 50 employees?

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf See the above link to the US Department of Labor's Fact Sheet on the Family and Medical Leave Act.  In short, if the Company has 50 or more employees in the location your husband works (subject to some exceptions) and your husband has worked at least 1250 hours in the last 12 months, he is entitled to take 12 weeks of unpaid leave in connection with the birth of your child and be guaranteed the right to return to the same or a similar position.  Beyond the above, there are lots of ins and outs of such leave, such as an employees obligation to continue to pay the employee's portion of any benefits he receives, the employer's right to make the employee take all of his vacation during the 12 weeks, and the employee's right to be paid for that vacation if he is requiired to take it. Hopefully the fact sheet or the US Department of Labor's website on this subject can answer any further questinos you have. Good luck.