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Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?
FMLA Insights
[Guidance Overview] Oct. 19, 2018
"Simply because an aunt or family member takes in another family member does not mean we have a foster care situation.... Under FMLA ... foster care = 24-hour care plus involvement of the State.... Clearly, an eligible employee can take FMLA leave to bond with their foster child upon placement.... The FMLA regulations clearly state that an employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for the 'placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child'[.]"
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