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

In Virginia, employers are required to provide up to 12 weeks of unpaid family and medical leave under the Family and Medical Leave Act (FMLA). This leave is available for eligible employees who are dealing with the birth or adoption of a child, or in order to care for an immediate family member with a serious health condition. In order to take FMLA leave for the birth or adoption of a child, an employee must have been employed with the company for at least 12 months and must have worked at least 1,250 hours in the past 12 months. Additionally, the employer must have at least 50 employees working within a 75-mile radius of the employee’s worksite. FMLA leave for the birth or adoption of a child is unpaid, but the employee may be able to use accrued paid leave, such as vacation or personal time, to supplement the leave. Additionally, the employer is not required to pay an employee’s salary during FMLA leave, but the employee may be eligible to receive benefits from a state or federal program. Finally, the employee is expected to adhere to the terms of their FMLA leave agreement, which includes providing the necessary medical information and documents to the employer. This is important because it helps the employer understand the employee’s need for FMLA leave and determine if the employee is eligible for it.

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