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 New York, this leave is provided to eligible employees. To be eligible, an employee must have been employed for 12 months by their employer and worked for at least 1,250 hours within the 12 months preceding the date of the requested leave. The FMLA provides eligible employees with up to 12 weeks of unpaid leave for the birth of a child or placement of a foster or adopted child. Employees may choose to use accrued paid leave (e.g. vacation or personal time) during FMLA leave. Additionally, the FMLA provides job protection, so employees have the right to return to the same or equivalent position with the same pay, benefits and terms of employment. When returning to work from FMLA leave, employers must reinstate the employee’s group health insurance coverage at the same rate and terms as if the employee had remained continuously employed. Additionally, the employer must continue to make its portion of the health insurance contribution while the employee is on FMLA leave. In summary, the FMLA leaves eligible employees with job-protected leave for the birth of a child or placement of a foster or adopted child in New York. This leave allows employees to take up to 12 weeks of unpaid leave with the assurance that their job will be waiting for them upon their return.

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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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