Does the FMLA cover parental leave?
Yes, the Family and Medical Leave Act (FMLA) in California does cover parental leave. Under the FMLA, certain employees are eligible for up to 12 weeks of unpaid, job-protected leave per year to take care of serious health conditions of the employee or a family member, to care for a newborn child, or to care for an adopted or foster child. Under the FMLA, employees in California with at least 12 months of working service and have logged at least 1250 hours in the preceding 12 months may be eligible to use up to 12 weeks of FMLA leave for qualifying events, including the birth of a child or to care for a newborn. This leave can be taken, with the approval of the employee’s employer, either as consecutive workweeks or as intermittent leave. In addition, employees may also be eligible to take additional, unpaid leave to care for a foster or adopted child. The FMLA also applies to same-sex and opposite-sex couples. Therefore, both parents are eligible for the 12 weeks of FMLA parental leave, although the 12 weeks may be shared between the two parents. Overall, the FMLA in California does cover parental leave. It can provide up to 12 weeks of job-protected leave in a 12-month period to take care of a newborn child or a child placed with the employee through adoption or foster care.
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