Does the FMLA cover adoption or foster care leave?
Yes, the Family and Medical Leave Act (FMLA) does cover adoption and foster care leave in North Carolina. Under the federal FMLA, eligible workers are entitled to take up to 12 weeks of job-protected leave in a 12-month period for the placement of a child with the worker from foster care or for the adoption of a child. The leave can be used to take time off for all activities required during the adoption or foster care process, such as attending court hearings, interviewing prospective foster or adoptive parents, participating in counseling and education programs, or securing the necessary paperwork. It is important to note that FMLA does not guarantee employees pay while on leave, but in some cases employers may be willing to provide some sort of compensation for the time away. Employers are also encouraged to provide leave beyond the 12 weeks granted under FMLA when possible. Employers may also offer unpaid leave beyond the 12-week period, or may allow workers to use available vacation, personal, or sick leave in lieu of unpaid FMLA leave. In general, the FMLA in North Carolina provides eligible employees with the right to take job-protected leave for up to 12 weeks for adoption and foster care, which can help ensure that workers are not penalized for taking time off to care for their new family members.
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