FMLA-covered? Employee needs time off to get custody of granddaughter

Q         An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter. Would her leave fall under Family and Medical Leave Act (FMLA) protection?

A   If the employee is otherwise eligible for FMLA leave, her time off to attend a hearing to obtain custody for her granddaughter most likely will qualify for coverage under the Act. Employees who are eligible for FMLA leave may take up to 12 weeks of job-protected unpaid time off for qualifying reasons. The placement of a child for adoption or foster care with the employee and the care of the newly placed child are considered qualifying reasons under the statute.

Employees may take FMLA leave before the actual placement or adoption of a child when an absence from work is required for the process. For example, the U.S. Department of Labor (DOL) provides employees may be entitled to FMLA leave to (1) make a court appearance, (2) attend counseling sessions or consult with their attorney or the birth parent’s representative, (3) submit to a physical exam, or (4) travel to another country to finalize the adoption before the date of placement.

FMLA leave used to bond with a child after the placement must be taken as a continuous block unless you agree to permit intermittent leave. Her entitlement to FMLA leave for the placement of a child for adoption or foster care will expire 12 months after the event.

Abigail J. Larimer is an attorney with FordHarrison LLP in Atlanta, Georgia. You can reach her at alarimer@fordharrison.com.