What leave rights are afforded to the teachers who are adoptive or foster parents?
A staff member who adopts a child or who takes in a foster child is entitled to take up to 12 weeks of unpaid leave under FMLA within one year of adoption of a child(under 18 years of age) or the placement of a foster child in the teachers home. However, under FMLA an eligible staff member may elect, or the District may require, the teacher to substitute his or her accrued vacation, personal, or family leave for any part of the 12 weeks. Additionally, under State Labor Law, any employer who permits an employee to take a LOA when a child is born must afford that same leave to an adoptive parent of a preschool child at the time the child is placed in the home by an authorized agency, or upon filing court papers for adoption if the adoption is not sponsored by an authorized agency.
