The Family and Medical Leave Act (FMLA) allows eligible employees to take leave for foster care placement and to bond with the newly placed child within one year of placement. To be eligible, the employee must have worked for your company for at least 12 months, have at least 1,250 hours of service during the 12-month period immediately preceding the leave, and work at a location where you employ 50 or more employees within 75 miles of that worksite.

Becoming a foster parent can involve a protracted application and review process. Consequently, under 29 CFR § 825.121 of the FMLA regulations, eligible employees are entitled to take FMLA leave for foster care placement before getting custody of the child if an absence from work is needed for the placement to proceed. For instance, the employee may be required to attend counseling sessions, appear in court, consult with their attorney or the birth parent’s doctor(s), submit to a physical examination, complete a home study, or otherwise work with the child’s foster care agency. FMLA leave would apply to each of these foster care program requirements.

Finally, keep in mind that state law may also provide an employee with leave rights for foster care placement and bonding.