Do employers have to grant FMLA leave for the birth or adoption of a child?

Yes, employers in New York have to grant FMLA leave for the birth or adoption of a child. The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, including the birth and placement of a son or daughter for adoption or foster care. This can also be used to care for a new child or to bond with a child within 12 months of birth, adoption, or placement in foster care. During the leave period, employers are required to maintain the employee’s group health insurance coverage as if the employee had not taken leave. During the leave period, the employee must also be allowed to return to the same or an equivalent job with the same pay and benefits as before the leave. This means that employers in New York cannot replace an employee who has taken FMLA leave for the birth or adoption of a child with another employee. However, employers are not required to pay the employee while they are on FMLA leave.

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Do employers have to grant FMLA leave for the birth or adoption of a child?

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