Can I take FMLA leave to care for a newborn or adopted child?

Yes, you can take FMLA leave to care for a newborn or adopted child in Virginia. Under the Family and Medical Leave Act (FMLA), eligible employees in the United States can take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including to care for a newborn or adopted child. This 12-week period is often referred to as “parental leave”. To be eligible for this leave, you must have been employed by your current employer for at least 12 months and have worked for at least 1,250 hours during the 12 months prior to the start of your leave. Additionally, the employer must employ at least 50 people within 75 miles of your worksite. When taking FMLA leave, you have the right to take the leave all at once or to break it up into smaller increments. Additionally, your employer must continue to provide group health benefits while you are on leave. When you return from leave, your employer must also provide you with the same job, or an equivalent job, with the same pay, benefits, and other conditions of employment. If you have any questions about FMLA in Virginia, you can contact the U.S. Department of Labor’s Wage and Hour Division or consult a qualified attorney to help you understand your rights and responsibilities as an employee.

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