Question:

my son is 7 months, myhusband wanted to take a break from work because he could never get any sleep.Recently he went to hr and they told him he could not take fmla leave cause it needed to be taken with in 3 days of the baby birth. Is this something that the company can do ?

Response:

FMLA does provide bonding time for parents of new born children and adopted children.  The concern that your husbands employer is probably having is that is has now been 7 months since the child was born and the bonding has most likely been established.
I am not an attorney and I do not know the full details of your husband’s employers policies, so I can’t say if vacation or PTO would work.  Discuss the situation with the employer and find out what his options are as most employers are interested in the well being of their employees.