Can an employee take 12 weeks of FMLA for foster care placement and then another 12 weeks of FMLA if they adopt the child?

No, once the initial 12 weeks of Family and Medical Leave Act (FMLA) leave has been used, the employee is not entitled to a second FMLA leave.

FMLA regulations are clear that an employee is permitted to use one 12-week period for foster care or adoption when a child is initially placed with an employee.

The U.S. Department of Labor (DOL) also has specifically addressed this issue in Opinion Letter FMLA2005-1A dated August 26, 2005.

When a child is “newly placed” is the determining factor as to when the FMLA is triggered, and this opinion letter clearly indicates that the employee doesn't get two bites at the