Does the FMLA cover adoption or foster care leave?
The Family Medical Leave Act (FMLA) in California does cover adoption or foster care leave. Generally speaking, the FMLA provides up to 12 weeks of job-protected unpaid leave for certain family and medical reasons. Among them is the ability to take leave for the placement of a child for adoption or foster care. This includes any legal steps that must be taken to finalize the placement of the child and to enable parenting responsibilities. In order to qualify for adoption or foster care leave, an employee must have worked with their employer for at least 12 months, and have at least 1,250 hours of service in the 12 month period before the leave begins. In addition, an employee must have worked at a worksite where the employer has 50 or more employees who all work within 75 miles of the worksite. Under FMLA, employers must provide the same job, pay, and benefits to employees taking adoption or foster care leave as would have been provided if the employee had not taken leave. Employees must provide their employers with 30 days advance notice of their intention to take the leave, if possible. If this is not possible, notice should be given as soon as possible. Ultimately, the FMLA provides parents with the ability to take leave for the placement of a child for adoption or foster care. This helps to ensure that employees can spend much needed quality time with their adoptive or foster children during this important transition period.
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