{"id":3725,"date":"2023-04-24T19:40:24","date_gmt":"2023-04-24T19:40:24","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?p=3725"},"modified":"2023-04-24T19:40:24","modified_gmt":"2023-04-24T19:40:24","slug":"foster-children-covered-under-fmla","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/foster-children-covered-under-fmla\/","title":{"rendered":"Are Foster Children Covered Under FMLA?"},"content":{"rendered":"

Introduction<\/h2>\n

Foster parents provide a safe and temporary home for children in need of support and stability. Regardless of age, foster children need time to bond with their foster parents which often requires foster parents to take time off of work after placement. The Family Medical Leave Act (FMLA) is a federal employment law that entitles eligible employees to unpaid, job-protected leave for qualifying family or medical reasons. Under the FMLA, eligible employees may take up to 12 weeks of leave over a 12-month period for foster care placement of a child within one year of the placement.<\/p>\n

A Brief Look at the Family Medical Leave Act<\/h2>\n

The Family Medical Leave Act was established in 1993 and is a U.S. labor law that requires covered employers to provide eligible employees with unpaid, job-protected leave to handle certain family and medical situations.<\/p>\n

The U.S. Department of Labor\u2019s Wage and Hour Division is responsible for overseeing the FMLA program. To qualify for the FMLA, an employee must be employed by a company that employs at least 50 people who work within a 75-mile radius of the work site. In addition, an employee must have been employed for at least 1,250 hours over the last 12 months.<\/p>\n

An eligible employee who chooses to take leave under the FMLA has the right to job protection. This means that the employee can return to the same (or similar) position they held prior to their temporary departure. If the job is no longer available when the employee returns, the employer must offer another position that is substantially equal in responsibility, pay, and benefits.<\/p>\n

There is often confusion about whether foster children are covered under FMLA. The terms of the FMLA define a child broadly but includes a biological child, foster child, adopted child, a legal ward, a stepchild, or a child of an individual who is standing in loco parentis to the child.<\/p>\n

What Constitutes Foster Care Under the FMLA<\/h2>\n

Foster parents have the right to take FMLA leave but must meet certain requirements. To qualify for foster care under the FMLA, the following statements must be true:<\/p>\n