(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.
(b)
Use of
intermittent and reduced schedule leave. An eligible 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. Thus, for example, the
employer and employee may agree to a part-time work schedule after the
placement for bonding purposes. If the employer agrees to permit intermittent
or reduced schedule leave for the placement for adoption or foster care, the
employer may require the employee to transfer temporarily, during the period
the intermittent or reduced leave schedule is required, to an available
alternative position for which the employee is qualified and which better
accommodates recurring periods of leave than does the employee's regular
position. Transfer to an alternative position may require compliance with any
applicable collective bargaining agreement, federal law (such as the ADA), and
State law. Transfer to an alternative position may include altering an existing
job to better accommodate the employee's need for intermittent or reduced
leave. The employer's agreement is not required for intermittent leave required
by the serious health condition of the adopted or foster child.
