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 provide job-protected leave for the birth or placement of a foster or adopted child in Florida. The FMLA covers employers with 50 or more employees and employees who have worked for the employer full time for at least 12 months and worked at least 1,250 hours in the 12 months preceding their leave request. Under the FMLA, an eligible employee in Florida can take up to 12 weeks of unpaid leave for the birth or placement of a child. During this leave, the employee’s job is protected and the employee is entitled to the same or an equivalent position when they return to work at the same salary, benefits, and other employment terms and conditions. The FMLA also provides that the employee may use any accrued vacation or paid time off during their FMLA leave. Employees in Florida can also take leave under either the federal or state Family and Medical Leave (FML) laws. Under the Florida FML, an eligible employee can take up to three months of unpaid leave during a 12-month period for the birth or placement of a child. During the leave, the employee’s job is protected and the employee is entitled to the same or an equivalent position when they return to work at the same salary, benefits, and other employment terms and conditions. It is important to note that the FMLA and the FML are not the same and employers should check with their state laws to determine their legal obligations.

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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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