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 in Virginia. It also covers placement of a foster or adopted child. This job-protected leave is granted to individuals who are employed by companies with fifty or more employees. The employee must have worked at the company for at least twelve months and must have worked at least 1,250 hours over the previous twelve months. Under the FMLA, employees are allowed to take up to twelve weeks of unpaid leave in a 12-month period for the birth or adoption of a child. This leave can also be taken to care for a family member who is ill or injured. Additionally, the FMLA allows employees to take job-protected leave if either the employee or a family member is a member of the armed forces and has been called to active duty. When an employee returns from their FMLA leave, employers must provide them with the same job and benefits they had before they left. Additionally, the employer must make reasonable efforts to restore the employee to the same or an equivalent position. The employer may not reduce the employee’s pay, benefits, or job responsibilities in any way. It is important to note that not all employers are covered by the FMLA and so it is important to check the company’s policy before taking any sort of leave.

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