Using FMLA for a Foster Child
Recently, the US celebrated the 30th anniversary of the Family and Medical Leave Act (FMLA), which gives covered employees protected unpaid leave for health or family-related reasons.
However, does FMLA parental leave extend to foster care?
You may need to take time off work to care for a foster child for many reasons. That's why you should understand what the law says first.
Here's what you need to know about FMLA leave.
What Is the Family Medical Leave Act?
President Bill Clinton signed the Family and Medical Leave Act into law in 1993. It was created to help women in the workforce among the working class.
Many states also have unpaid family leave laws, which offer similar protections. The Family and Medical Leave Act provides protection and flexibility for parents and their children.
Can Foster Parents Take FMLA Parental Leave?
FMLA gives eligible employees up to twelve weeks of job-protected leave. The goal is to help workers better balance their work and family lives.
The Family and Medical Leave Act does clarify that it extends to the placement of a child for adoption or foster care. So yes, foster parents can rely on it if necessary.
However, you must meet the FMLA leave requirements first:
- Worked for an employer for at least 12 months
- At least 1,250 work hours logged (in 12 months)
- The company employs at least 50 people within 75 miles
Make sure you research the requirements to find out if you can qualify. Unfortunately, if you haven't worked for a company for at least 12 months or if you work somewhere with fewer than 50 employees, you don't meet the eligibility requirements.
Currently, 11 states offer paid family and medical leave. Additionally, a few states allow a limited number of hours for parents to attend school events.
If you have questions about your eligibility, you can talk to your foster agency or a lawyer.
What Circumstances Count?
You'll only qualify for FMLA leave if you foster or adopt a child legally. That means you need a current foster care license, and you're working with an agency.
Adoption, as defined by the FMLA, refers to an individual that is assuming the role of a child's parent legally and on a permanent basis.
Foster care refers to adults who provide 24-hour care to a child who was separated from their birth parents or legal caregiver. It also requires cooperation with the state and an agreement between both parties. Caring for a family member's child does not count unless that child was legally placed with you.
If either of these situations applies, then you may qualify for FMLA leave.
How Much Time Do You Get?
According to the Act, parents get up to 12 weeks "for placement with the employee of a child for adoption or foster care."
The wording is very important.
Placement refers to when a child is first placed in a home. So, if you choose to adopt a child after fostering them, you don't get an additional 12 weeks.
When Should You Take Parental Leave?
Many foster parents also work full-time. Having a job rather than being a stay-at-home mom or dad doesn't mean you can't foster! Take advantage of the resources available to make the most of your fostering journey.
There are many reasons why a foster parent might choose to take parental leave.
You can take time off before placement to prepare the home, attend interviews, get inspections, and complete the home study. Depending on the child's age, you may need to child-proof the house or prepare their bedroom.
You're also required to complete a certain amount of training hours, so you may need time to finish that.
How soon you receive your first placement depends on how quickly you can complete the home assessment. Use this time to get your foster license and prepare for the child's arrival.
Many foster parents take time off work to bond with their foster children. You might take this time to help them adjust to their new environment, get them ready for school, take them to appointments, etc.
You can qualify for FMLA leave as long as your absence from work is necessary. For example, your presence may be required in court, at a doctor's appointment, or at their school.
The Future of FMLA
Currently, many workers don't qualify for leave. There has been a recent push for changes to extend coverage to part-time workers and military spouses who may not ordinarily qualify.
There is also no guarantee of pay while on leave. This fact may prevent some parents from taking much-needed time off.
In his State of the Union address, President Joe Biden proposed funding a federal paid family and medical leave program. The budget plan called for a $325 billion commitment to the program.
Details of the proposed program include up to 12 paid weeks off to bond with a new child (including a foster child), heal from a severe illness, or care for a family member. Additionally, eligible employees would get three days of paid bereavement leave.
Although unlikely to pass, the program or one similar to this would significantly benefit foster parents.
Begin Fostering a Child
These are the basics of FMLA parental leave. Hopefully, you understand your options.
It can give you valuable time to prepare for placement or bond with the children if you qualify. Don't be afraid to use that time to your advantage.
Once you're ready to begin your fostering journey, we can help.
