Does the FMLA cover job-protected leave for the birth, adoption, or placement of a foster child?
Yes, the FMLA (Family and Medical Leave Act) does offer job-protected leave for the birth, adoption, or placement of a foster child in New York. According to the U.S. Department of Labor, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave. The leave can be taken during a single 12-month period and must be used for the purpose of caring for a foster child. The FMLA also requires employers to maintain group health insurance coverage for employees on FMLA leave in the same manner as if the employee was still actively working. Also, an employee taking FMLA leave must return to their position or a similar position when they return to work. In order for an employee to be eligible for FMLA leave, the employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours in the 12 months leading up to the leave, and be employed at a worksite with 50 or more employees. It is important to note that not all employers in New York are subject to the FMLA. All public employers and private employers with 50 or more employees are covered, while private employers with fewer than 50 employees are not. Additionally, the FMLA also does not cover all of the reasons for taking leave. It only covers specific family and medical reasons such as the birth, adoption, or placement of a foster child.
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