Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-9 - Leave for adoption or foster care (29 CFR section 825.121)

Current through July 10, 2024
(a)
General rules
. Eligible
			 employees are entitled to FMLA leave for placement with the employee of a son
			 or daughter for adoption or foster care as follows:
(1) Employees may take FMLA leave 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 required to attend counseling sessions, appear in court, consult with
			 his or her attorney or the doctor(s) representing the birth parent, 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
			 twelve (12)-month period beginning on the date of the placement. If state law
			 allows, or the employer permits, leave for adoption or foster care to be taken
			 beyond this period, such leave will not qualify as FMLA leave. Under this
			 section, the employee is entitled to FMLA leave even if the adopted or foster
			 child does not have a serious health condition.
(3) Spouses who are eligible for FMLA leave
			 and are employed by the same covered employer may be limited to a combined
			 total of twelve (12) weeks of leave during any twelve (12)-month period if the
			 leave is taken for the placement of the employee's son or daughter or to care
			 for the child after placement, for the birth of the employee's son or daughter
			 or to care for the child after birth, or to care for the employee's parent with
			 a serious health condition. This limitation on the total weeks of leave applies
			 to leave taken for the reasons specified as long as the spouses are employed by
			 the same employer. On the other hand, if one spouse is ineligible for FMLA
			 leave, the other spouse would be entitled to a full twelve (12) weeks of FMLA
			 leave. Where the spouses both use a portion of the total twelve (12)-week FMLA
			 leave entitlement for either the birth of a child, for placement for adoption
			 or foster care, or to care for a parent, the spouses would each be entitled to
			 the difference between the amount such spouses have taken individually and
			 twelve (12) weeks for FMLA leave for other purposes. For example, if each
			 spouse took six (6) weeks of leave to care for a healthy, newly placed child,
			 each could use an additional six (6) weeks due to his or her own serious health
			 condition or to care for a child with a serious health condition.
(4) An eligible employee is entitled to FMLA
			 leave in order to care for an adopted or foster child with a serious health
			 condition if the requirements of sections
			 31-51rr-4 through
			 31-51rr-6, inclusive, and
			 31-51rr-1(26) of the Regulations of Connecticut State Agencies are met. Thus,
			 spouses may each take twelve (12) weeks of FMLA leave if needed to care for an
			 adopted or foster child with a serious health condition, even if both are
			 employed by the same employer, provided they have not exhausted their
			 entitlements during the applicable twelve (12)-month FMLA leave
			 period.