Leave for adoption

Miriam George

[font size="1" color="#FF0000"]LAST EDITED ON 09-10-02 AT 01:13PM (CST)[/font][p]I know that FMLA covers leave time for the adoption of a child. But, this is unpaid leave. A pregnant (expectant) mother has an avenue to be paid under our Short-Term Disability policy. An adoptive parent, however, cannot access Short-Term Disability. The employee in question is an "exempt" salaried employee. Are we required to pay her for up to 12 weeks for the adoption and placement of the child? We were considering only paying her for 2 weeks, then she would be on her own.

Please let me hear from any of you who have dealt with this or have legal advice on the subject.

Don D

Are we required to pay her >for up to 12 weeks for the adoption and placement of the child? We >were considering only paying her for 2 weeks, then she would be on her >own.
>
That's optional with the company. FMLA is basically unpaid leave unless the employer opts to pay it. Your other policy covers the person having a baby, but not this one, since it's not an illness. FMLA doesn't require anything in the way of payment while out. I hope you find a way to set this precedent. Would be a nice gesture. We had an "FMLA Adoption" but did not pay wages while the worker was out. This was because of our union contract and not wanting to set a precedent.

Gillian

Well, Miriam. This response to one of your questions will be far less controversial than the last time Don and I both responded to one. Don is correct and I also think that what you are proposing to do is a good thing. I have done a lot of research in the last several months about work/life issues and adoption rates surprisingly high among issues that produce stress in one's life, thus stress at work as well. Maybe it is surprising only because I don't have personal experience with adoption processes.