The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. She wants to take eight weeks of FMLA leave to bond with the foster child, but wants to know if she can take an additional eight weeks of FMLA leave when she adopts the child. Keep in mind, though, that the employee also can take FMLA leave before the actual placement if an absence from work is required for the placement for foster care to proceed. The Family Medical Leave Act (FMLA) provides unpaid leave for an employee's serious health condition, the serious health condition of a parent, child or spouse, or for the birth or adoption of a child. (It is her niece.) Using Your FMLA Leave for Different Reasons. FMLA coverage for childbirth, adoption, and foster placement as well as coverage for serious health conditions is fairly straightforward. Paid parental leave is not available for personal medical leaves taken prior to the birth of the child. Both or either covered parent may take 12 weeks for the birth of a newborn or the placement of an adopted or foster child. On an intermittent basis, only if allowed by the employer. For example, the employee may be required to … Under the FMLA, foster care is defined as: So, foster care = 24-hour care plus involvement of the State. In general, an employee may not take FMLA leave to care for a son or daughter who is 18 years of age or older. is also available for those who give birth to a baby or who adopt, but what about foster parents? Paid parental leave is not available for personal medical leaves taken prior to the birth of the child. Under the FMLA regulations, a worker can take leave to care for a “newly placed child.” The child is not newly placed if he or she is already in the home as a foster child. Paid Family Leave (PFL) provides benefits to individuals who need to take time off work to: Care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. FMLA leave for the birth or placement of a child for adoption or foster care expires 12 months from the birth or placement. The employee must complete 12 weeks of FMLA leave within the first 12 months of placement for foster care, and that’s all she’s entitled to. The FMLA allows employees who have children placed in their homes through foster care or adoption to take up to 12 weeks of leave off from work for up to a year after the child’s placement. (The FMLA regulations provide separate definitions of “son or daughter” for its military family leave provisions that are not restricted by age.) The FMLA covers leave to arrange for alternative child care, to provide child care on an urgent, immediate-need basis, to enroll in or transfer schools or day care for the child of a military member, and to attend meetings with school staff or daycare facility. The purpose of FMLA leave is to help the foster parents bond with their foster child. FMLA refers to the Family and Medical Leave Act, which is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year for an illness, to care for a sick child, or for other qualifying reasons. Under the FMLA, you are allowed to take a leave of absence for any of the following reasons: Childbirth; Caring for a newborn child; The adoption of a child; The arrival of a foster child Are You Protected by the ADA if FMLA Leave Runs Out? Additionally, this time must be taken as a continued block of time and not intermittently. 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