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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 apple by having two leaves.
In this situation, there is one right to FMLA leave that begins with foster care. After those 12 weeks have run, the employee does not have a right to take a second FMLA leave if they later adopt that child.
Read more about CFRA and FMLA Qualifying Reasons in the HR Library.