Family and Medical Leave Act (FMLA) – federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year (rolling 12-month period) to bond with their newborn, adopted, or foster child. For adoption and foster care placement, FMLA leave may begin before actual placement if the employee is required to: attend counseling sessions, appear in court, consult with the attorney or doctor(s) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption.
- Eligibility – 12 months total service with employer, 1250 productive hours in the last 12 months
California Family Rights Act (CFRA) – California law that provides eligible employees with the right to take up to 12 weeks off work per year (rolling 12-month period) to bond with an employee's newborn, adopted, or foster child within one year of birth or placement. For adoption and foster care placement, CFRA leave may begin before actual placement if the employee is required to: attend counseling sessions, appear in court, consult with the attorney or doctor(s) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption.
- Eligibility – 12 months total service with employer, 1250 productive hours in the last 12 months
***FMLA and CFRA will run concurrently when applicable***
Proof of Birth, Adoption, or Foster Care Placement – documentation used to show proof that the child was born and the date, the date an adoption was officially completed, or the date a foster care placement was officially started
- Birth – crib card (if recently born only), "verification letter" from hospital showing parents' name and child's date of birth, birth certificate, doctor's note confirming birth and date of birth, any other documentation that is verifiable and shows required information
- Adoption – certificate of adoption, certificate of adoption report, or any legally binding documentation showing the date of adoption, signatures from the parent(s), and signature of the judge
- Foster Care – legal foster care placement documentation that shows the employee's name, the date of placement, and authorizations of the appropriate persons (usually a foster placement agency)