Can I take FMLA leave for the birth or adoption of my child?
Yes, you can take Family and Medical Leave Act (FMLA) leave for the birth or adoption of your child in California. The leave may be taken for up to 12 weeks. However, the employer must be a company with 50 or more employees, and the employee must have worked for the company for at least 12 months and 1,250 hours in the past 12 months. In order to take FMLA leave for the birth or adoption of a child, the employee must give at least 30 days’ advance notice to their employer. The employer may require the employee to provide a doctor’s note, birth certificate, or other proof that the leave is for the birth or adoption of a child. FMLA leave allows employees to take unpaid time off from work in order to care for the new child without the fear of losing their job. During the time the employee is on leave, the employer must maintain their group health insurance coverage, as well as provide the employee with any other job-related benefits that are in place at the time of the leave. Employees can take FMLA leave for a total of 12 weeks for the birth or adoption of a child. If a married couple both work for the same employer, the couple is only entitled to a combined total of 12 weeks. Taking leave for adoption or birth does not count towards other types of FMLA leave, such as for medical reasons.
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