L. Leave for Adoption or Foster Care

 (Also See Section E - Leave Entitlement)

1. Employees may take FMLA leave before the actual placement or adoption of a child if the absence is required for the placement or adoption to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with an attorney, submit to a physical examination, or travel to another country to complete an adoption. The source of an adopted child (whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.
2. An employee’s entitlement to leave for adoption or foster care expires at the end of the 12- month period beginning on the date of the placement.
3. Spouses who are employed by the same employer are limited to a combined total of 12 weeks of leave if leave is taken for the adoption or placement of a child.
4. Each parent is entitled to take up to 12 weeks of FMLA leave to care for an adopted or foster child with a serious health condition.
5. An employee may use intermittent or reduced schedule leave after the placement of a healthy child for adoption or foster care only if the employer agrees. The employer’s agreement is not required for intermittent leave when the adopted or foster child has a serious health condition.