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 of a child or placement of a foster or adopted child in Tennessee. Under the FMLA, eligible employees in Tennessee with at least one year of employment and 1250 hours of service during the 12 months prior to the leave are entitled to take up to 12 weeks of unpaid job protected leave for the birth or adoption of a child. This leave is available for either the biological or adoptive parent, and is to be taken within 12 months of the birth or placement of the child. The FMLA also provides that the employee may take their leave in increments or on a reduced leave schedule, so long as the employer agrees. This is beneficial for employers and employees alike, as it allows the employee to remain employed while caring for their child, and the employer remains able to complete their work with minimal interruption. In addition to the job-protected leave, the FMLA also requires that employers provide health care coverage during the leave, and that the employee may retain their job with the same pay, benefits, and other terms and conditions of employment as if they had never taken the leave. Thus, the FMLA provides essential protections for new parents in Tennessee and throughout the United States.
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