Does the FMLA cover adoption or foster care leave?
Yes, the FMLA covers adoption or foster care leave in Virginia. The Family and Medical Leave Act (FMLA) is a law passed by the federal government that provides certain job protections to employees who take up to 12 weeks of unpaid leave in certain circumstances. Under the FMLA, employees in Virginia may use this leave to care for a newly adopted child or foster child. The law applies to any employer with 50 or more employees in a 75-mile radius. Employees must have worked for the employer for at least 12 months, and have a minimum of 1,250 hours of work during the 12-month period prior to when the leave is requested. Employees in Virginia who take FMLA leave for adoption or foster care are entitled to take up to 12 weeks of unpaid leave to care for the child. This leave can be taken all at once, or taken out in periods of time, as needed. During this time, employees are eligible to continue their health insurance coverage, as well as returns to the same or an equivalent position when the leave is over. This law provides protection to employees in Virginia who want to take time off to bond with a newly adopted or foster child, or care for a foster child. Knowing that they can take up to 12 weeks of unpaid leave without losing their job or health insurance gives them the peace of mind they need to make the decision to become a foster or adoptive parent.
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