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Hi, I'm trying to apply for intermittent FMLA and my employer is saying that I can't apply until I've actually been placed with a child. Is that true? My hope in all of this as to have FMLA in place so when we get that call at 2am, I'm able to take a day off to get everything in place for care.
Here's what I found regarding FMLA and adoption:
"FMLA leave may be taken before the actual placement or adoption of a child if an absence from
work is required for the placement for adoption or foster care to proceed. For example, the
employee may be entitled to FMLA leave to attend counseling sessions, appear in court, consult with
his or her attorney or the birth parent’s representative, submit to a physical examination, or travel to
another country to complete an adoption before the actual date of placement. FMLA leave to bond
with a child after placement must be taken as a continuous block of leave unless the employer agrees
to allow intermittent leave. An employee’s entitlement to FMLA leave for the placement of a child
for adoption or foster care expires 12 months after the placement."
So, if you HAVE to take FMLA they shouldn't be preventing you from it. Of course, this isn't legal advice, just what I've interpreted it to mean.
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IANAL - But, from what I can tell, they are not wrong.
What I recommend doing is telling them that your a foster parent, and that a placement means that you will need to miss a day or two of work here or there. This really isn't that different from normal parents though, so ti shouldn't be a big deal.
When you get a placement and the you NEED to be absent then just follow the same procedures you would if you had bio-kids and they woke up at 5am with projectile vomiting. i.e. Call in, like your supposed to and let them know. Then worry about getting it taken care of under FMLA IF you NEED to.
Here's the thing. Your jobs normal "sick days" policy should cover what you need. You will not automatically qualify for FMLA. FMLA is just kinda there to make sure that you can use your "sick days" for your kids (foster or otherwise) regardless of your companies take on the matter.
Finally, like most FMLA claims you need to prove that you actually need it. You can't claim that you need a day or two to bond, because you don't yet. You may need 10 mins. You may need 10 weeks. That's why you can't apply till you have a kid placed. It will be very dependent on the child. Further more, depending on a number of factors you may have to get a doctor, shrink, or case worker (or someone else) to actually say you need a block of time of, in order to qualify.
You can't envoke FMLA for 6 weeks because your bio-kids are having a hard time in school, and the same is true for foster children. There needs to be a real need there, that can be "proven".
All that said, if your just worried about those first few days, then don't. Just don't spend your normal sick days, and treat it just as if your bio-child got suddenly ill. Call in (don't for get that it's important), then take your sick days. Most people will more then understand, and if not, then maybe you should consider finding a job that does.