Does the FMLA cover job-protected leave for the birth of a child or placement of a foster or adopted child?

Yes, the Family and Medical Leave Act (FMLA) does cover job-protected leave for the birth of a child or placement of a foster or adopted child in California. The federal FMLA requires employers to provide up to 12 weeks of unpaid, job-protected leave for certain family and medical situations, including the birth or adoption of a child. This leave must be provided for either the mother or father of the child and must be taken within 12 months of the birth or adoption. In California, the Family Rights Act (CFRA) provides the same job-protected leave benefits as the FMLA, but provides up to 12 weeks of unpaid parental leave (in addition to the 12 weeks of unpaid FMLA leave). This leave must also be taken within 12 months of the child’s birth or adoption. It is important to note that this leave is only available to employees who have at least 12 months and 1,250 hours of service with their employer in the 12-month period before the leave begins. In addition, the state of California offers additional job-protection and leave benefits to qualifying employees with newborns or newly adopted or foster children through its Paid Family Leave program. This program provides up to six weeks of partial wage replacement to qualified employees to help offset the cost of taking leave for the birth, adoption, or placement of a child.

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Does the FMLA cover job-protected leave for the birth of a child or placement of a foster or adopted child?

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