Legal Question in Medical Leave in California

Re: Adoption, scatter time off for 1 yr.

The California Family Rights Act (California Government Code Section 12945.2), allows employees with more than 12 months of service with their employer, and who have at least 1,250 hours of service with that employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. The statute applies to employers with 50 or more employees within a 75 mile radius of the worksite where the employee works.

According to the statute, family care and medical leave includes leave for "reason of...the placement of a child with an employee in connection with the adoption or foster care of the child by the employee."

As is frequently the case when interpreting statutes, there is no clear-cut answer to your question. While the statute provides that "the leave may be taken in in one or more periods," there is no specified maximum number of "scattered" periods (as you refer to them) which are permissible. Since the language regarding leave for adoption of children by foster parents specifically refers to "placement" of the child, arguably a single event as opposed to a series of events or continuing events, it is not unreasonable to infer from such language that leave for this purpose was anticipated as being for one period of time, up to 12 workweeks.

However, you described some facts which suggest the possibility that you might fall under an existing (or not yet existing) exception to our intepretation of the rule. You would be well advised to consult with a local attorney so your particular situation, and the applicable law, can be fully analyzed.