Legal Question in Medical Leave in Pennsylvania
Placement of a Child
Would FMLA be applicable for someone assuming legal custody of a child?? Whereas adoption is considered under FMLA, I'm guessing this is a similar situation where absences for legal proceedings might be covered under the laws of FMLA, is this accurate??
1 Answer from Attorneys
Re: Placement of a Child
FMLA is available for many purposes associated with the care of family members. Guardianship is a familial relationship.
As to whether your particular situation demands FMLA leave it would depend on the implementation of FMLA at your particular employer. In the most liberal sense the employer should allow the leave. If on the other hand they have non-discriminatory policies that would limit such leave for all similarly situated persons then it may also be applicable to your situation.
Please feel free to arrange an appointment to further discuss this or any other legal matter.
Roger Traversa
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