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 Texas. The FMLA protects employees from discrimination and allows them to request job-protected leave for medical or family reasons. Under the FMLA, eligible employees can take unpaid, job-protected leave for up to 12 weeks within a 12-month period for the following reasons: • To care for a newborn, adopted, or foster care child during the first year after birth, adoption, or placement. • To care for a family member with a serious health condition. • To care for one’s own serious health condition. • To care for an injured service member in the family. In addition, if the employee is unable to return to work after the 12-week period, the employee may be eligible for an additional 12 weeks of unpaid leave. The FMLA also requires employers to restore the employee to their original job or to an equivalent job upon their return from leave. It is important to note that the FMLA only applies to employers with 50 or more employees and only to employees who have worked for the company for at least 12 months and have worked at least 1,250 hours in those 12 months. It is also important to note that leave taken under the FMLA may not be paid, however, some employers may offer paid leave as a company benefit.
Related FAQs
Does the FMLA require employers to hold a job for an employee on FMLA leave?Do I have to use my FMLA leave in one continuous block?
Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?
When can I request FMLA leave?
Does my employer have to offer me the same or similar benefits I was receiving prior to my FMLA leave?
Can my employer deny my request for FMLA leave?
Is an employee required to give advance notice if they will be taking FMLA leave?
Can FMLA leave be taken on an intermittent basis?
What if my employer retaliates against me for taking FMLA leave?
Can I take FMLA leave if I am pregnant?
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