Foster parents in California play an important role in providing stable, loving homes for many children in need. However, balancing the demands of fostering with employment responsibilities can be particularly challenging.
If you are a foster parent (or an aspiring one), understanding your rights as codified in the Family and Medical Leave Act (FMLA) and California’s broader leave laws is important to better ensure that you have the time and support necessary to care for your foster child(ren).
FMLA rights for foster parents
The Family and Medical Leave Act (FMLA) is a federal law that provides most employees with up to 12 weeks of unpaid personal and family care leave annually, subject to various restrictions. This law helps to ensure that most foster parents can take time off to bond with a new foster child, attend to the child’s medical or psychological needs or manage other issues related to foster care placement. If you qualify for FMLA leave, your job will remain protected while you’re gone, meaning that your employer must hold your position or provide you with an equivalent role when you return.
California’s broader leave rights
In addition to FMLA rights, California offers broader leave rights via the California Family Rights Act (CFRA). The CFRA mirrors the FMLA in many ways but the CFRA ultimately allows for up to 12 weeks of leave for foster parents without the strict eligibility criteria of the FMLA, as it covers workers at smaller companies than the FMLA does.
Additionally, California’s New Parent Leave Act (NPLA) reinforces these rights by offering up to 12 weeks of unpaid leave for parents, including foster parents, working for employers with 20 or more employees. This leave is specifically for bonding with a new child within one year of the child’s placement in the foster care system.
And while FMLA and CFRA provide unpaid leave, California’s Paid Family Leave (PFL) program offers foster parents up to eight weeks of partial wage replacement benefits to bond with a new foster child. This benefit is available regardless of the size of an employer’s, making it a particularly valuable resource for foster parents who need financial support during their leave.
At the end of the day, foster parents in California are entitled to significant leave rights under both federal and state laws. Those whose rights are violated can seek personalized legal guidance at any time.