Does the FMLA cover adoption or foster care leave?
Yes, the Family and Medical Leave Act (FMLA) covers both adoption and foster care leave in Wisconsin. This law mandates that employees be allowed up to 12 weeks of unpaid leave for the purpose of adoption or foster care of a child. The leave can be taken either all at once or intermittently throughout the year. In order for an employee to be eligible for leave under the FMLA, they must have worked for their employer for at least 12 months prior and have at least 1,250 hours of work during the 12-month period prior to the start of the leave. The employee must also work within a 75-mile radius of their employer. When the employee takes the leave, their employer must provide them with job protection. This means that the employee can return to their job or an equivalent job with the same pay, benefits, and other conditions of employment. It also means that the employee cannot have their employment terminated while on leave. In addition to the job protection, the employee may also receive “intermittent” leave if the employer agrees. This type of leave allows the employee to take shorter blocks of leave as needed. Overall, the FMLA provides important job protections and benefits to employees who need to take time off for adoption or foster care leave in Wisconsin.
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