Chapter 6 - § 6.4 • LEAVE FOR THE BIRTH, ADOPTION, OR PLACEMENT INTO A FOSTER HOME OF A CHILD

• Jurisdiction: Colorado

§ 6.4 • LEAVE FOR THE BIRTH, ADOPTION, OR PLACEMENT INTO A FOSTER HOME OF A CHILD

The FMLA provides to new parents 12 weeks of leave for the birth, adoption, or placement into a foster home of a child, provided that the 12 weeks' leave is concluded within one year of the birth, adoption, or placement. 29 U.S.C. §§ 2612(a)(1)(A), (B), and 2612(a)(2); 29 C.F.R. § 825.112(a). Leave may begin prior to the birth of a child when the mother may need medical leave to attend to her own serious health condition, but any leave taken before the birth will count toward the mother's 12-week allotment of time for the birth. 29 C.F.R. § 825.120(a). Pregnant mothers may utilize intermittent leave pursuant to the FMLA to attend prenatal appointments or if the mother has severe morning sickness and is in need of physical or psychological care. 29 C.F.R. § 825.202(b)(1).

As is true for other requests for FMLA leave, when the need for leave is foreseeable, the employee should provide no less than 30 days' notice of need for leave to the employer and should make reasonable efforts to schedule leave so as to...