SB 938

FOSTER PARENT LEAVE In addition to annual leave, sick leave, and leave for adoptive parents, present law requires that an eligible employee be granted absence from work with pay for six workweeks because of (i) the birth of the employee's child or (ii) the placement of a chi ld with the employee for adoption. The employee must give 30-days' notice to the appropriate appointing authority. If the eligible employee learns of the birth or adoption less than 30 days in advance, the employee must give notice as soon as reasonably p ossible. This bill adds as an eligible recipient of such paid leave an employee who becomes the foster parent of a minor child. A foster-parent employee must also give 30-days' notice. However, an employee who becomes the foster parent of a minor child must not continue to utilize leave once the minor child is no longer placed in the foster parent's home or custody. For the purposes of this bill, a foster parent does not include an employee with whom a child is placed for the purpose of adoption. ONE-YEAR PERIOD Present law prohibits an eligible employee from being granted more than six workweeks of paid leave during a 12-month period. However, the workweeks do not need to be taken consecutively. An eligible employee may not receive more than six workweeks dur ing a 12-month period, even if there is more than one qualifying birth or adoption. Granted leave must be used within 12 months of the qualifying birth or adoption. This bill adds that eligible foster parents must also comply with these provisions. Thi s bill further provides that if an eligible employee uses only a fraction of the leave, then the eligible employee may use the remaining balance of leave for any qualifying birth, adoption, or foster placement that occurs within the same 12-month period. ON FEBRUARY 23, 2026, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 957, AS AMENDED. AMENDMENT #2 makes the following changes:  C larifies that any leave granted to an employee pursuant to this bill may be taken on a reduced schedule or intermittently as provided by the federal Family and Medical Leave Act.  Adds that an eligible employee must be granted absence from work with pay for a period of time equal to six workweeks because the employee is caring for a family member with a serious health condition, and upon the employee giving 30 -days' notice to the appropriate appointing authority. If the eligible employee learns of the family member's serious health condition less than 30 days in advance, then the employee must give the notice as soon as reasonably possible.  Clarifies that an employee may receive no more than six workweeks of paid leave, even if there is more than one qualifying birth, adoption, foster placement, or family member's serious health condition.  Revises the definition of "foster parent"" to mean a person with whom a child in the care, custody, or guardianship of the department of children's services is placed for foster care. However, the term does not include a person with whom a child is placed for the purposes of respite or adoption. This amendment c hanges the effective date of the bill from effective upon becoming a law to January 1, 2027."