Does the FMLA cover job-protected leave for the birth, adoption, or placement of a foster child?
Yes, the Family and Medical Leave Act (FMLA) does cover job-protected leave for the birth, adoption, or placement of a foster child in California. However, the amount of job-protected leave available depends on the employer’s size and the employee’s length of service with the employer. For employers with 50 or more employees, an employee may be eligible for up to 12 weeks of job-protected leave within a 12-month period. Employees with less than 12 months of service may be able to take up to eight weeks of job-protected leave. California state law can also provide additional job-protected leave for employees who need to take time off for childbirth, adoption, or placement of a foster child. Under the California Family Rights Act (CFRA), eligible employees may take up to 12 weeks of job-protected leave for the birth, adoption, or placement of a foster child. The CFRA applies to employers with five or more employees and also requires those employees to have worked for the employer for at least 12 months and have worked at least 1,250 hours in the preceding 12 months. In summary, the FMLA and California Family Rights Act allow employees to take up to 12 weeks of job-protected leave for the purpose of birth, adoption, or placement of a foster child. However, the amount of job-protected leave available may vary depending on the employer’s size and the employee’s length of service.
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