Family Medical Leave Act

questions & answers

Question: Does FMLA cover my grand-child who was placed with me by Tribal CPS? CPS is her temporary guardian but I was given authority to sign for services for her

Answer:

The following information is from the Department of Labor website and is intended to provide you with information on the Family Medical Leave Act. To understand how this information may apply to your specific circumstances, you may want to speak with the Human Resources Department at your employment, the U.S. Department of Labor or an attorney. You may also want to review the Family Medical Leave Act article on AZLawHelp.org.

Adoption and Foster Care of a Child

• FMLA leave taken for placement of a child with the employee for adoption or foster care is available to both the husband and wife.
  
• FMLA leave taken for adoption or foster care may be taken before the actual placement of the child if the absence from work is required for the placement for adoption or foster care. For example, for counseling sessions, court appearances, physical examinations, etc. For more information, see Regulations 29 CFR Part 825.112(d).
  
• Foster care is 24-hour care for children in substitution for, and away from, their parent or guardian. Although foster care may be with relatives of the child, state action is involved in the removal of the child from parental custody. Voluntary placement of the child by a parent with a relative or guardian, absent State involvement, does not qualify for FMLA leave. For more information, see Regulations 29 CFR Part 825.112(d) and (e).
  
• The entitlement to FMLA leave for the placement of a child for adoption or foster care generally expires at the end of the 12-month period beginning on the date of the placement. For more information, see Regulations 29 CFR Part 825.201.
  
• If the husband and wife are employed by the same covered employer they may be limited to a combined total of 12 weeks of FMLA leave for the placement and care of a child during the12-month period following placement. See Regulations 29 CFR Part 825.202.
  
• Leave taken for the placement of a child for adoption or foster care may be taken intermittently or on a reduced leave schedule after the placement, only if the employer agrees. See Regulations 29 CFR Part 825.203(b).

For frequently asked questions about FMLA, including questions like whether a person is eligible for FMLA  and what the valid reasons for FMLA leave are, visit the U.S. Department of Labor website.