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 Virginia. Under the FMLA, an eligible employee may take up to 12 weeks of unpaid leave during a 12-month period for the birth or placement of a child for adoption or foster care. The employee must provide a 30-day notice before taking the leave. The 12 weeks of leave can be taken to care for the new child, or to bond with or care for the child. During the leave, employers must maintain the employee’s health insurance coverage, and provide the same or equivalent job to the employee upon their return. The employee must also have worked for their employer for at least 12 months, and have worked at least 1,250 hours in the 12 months immediately preceding the start of the leave. The FMLA applies to employers who have 50 or more employees within a 75-mile radius of the worksite. Employees may also be eligible for up to 26 weeks of unpaid leave in certain circumstances related to caring for a covered service member. If you think you are eligible for FMLA in Virginia, you should contact your employer for more information about how to take leave under the FMLA.
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