foster parents can take up to 12 weeks of job-protected, unpaid leave under the Family and Medical Leave Act (FMLA) to bond with a newly placed foster child, similar to leave for adoption or birth.
Here's a more detailed explanation:
- FMLA and Foster Care:
The FMLA extends to the placement of a child for foster care, allowing eligible employees to take leave to bond with the newly placed child.
- Eligibility Requirements:
To be eligible for FMLA, you must have worked for your employer for at least 12 months, worked at least 1,250 hours in the 12 months prior to the leave, and your employer must have 50 or more employees within a 75-mile radius.
- Leave Duration:
Eligible employees can take up to 12 weeks of FMLA leave for the placement of a child for foster care, and this leave must be taken within 12 months of the placement.
- Intermittent Leave:
While FMLA leave for bonding is typically taken as a continuous block, employers may allow intermittent leave (taking leave in shorter increments) with their approval.
- Documentation:
Employers may ask for documentation of the child's date of birth or placement date when necessary to determine eligibility for bonding leave.
- Other FMLA Uses:
FMLA can also be used for other reasons, such as caring for a child, spouse, or parent with a serious health condition, or for the employee's own serious health condition.
