FMLA - Surrogate Child

LSD

We have an employee who has a contract with a surrogate to "obtain" the surrogate's child. As such, the employee is becoming a parent. Does she qualify for leave under the FMLA for the "birth, adoption or placement" of the child? Further, does she qualify for leave under the FMLA for prenatal care (in other words, the surrogate will be going to the doctor for check-ups relating to the pregnancy and the employee is seeking FMLA leave to go with the surrogate)? Any assistance is greatly appreciated.

Theresa Gegen TX

In my opinion, she would definately qualify for the placement of the child (just like if she had adopted the child).

As for the prenatal checks, I am skeptical. But you will really have to check the regs on this one (I'd be suprized if they address it). Unless the surrogate mother needs the mother to be to provide care, I doubt it would qualify.

Good Luck!

Down_the_Middle

I think the FMLA piece probably qualifies, altho I'll admit that someone else may be more of an expert on the term "birth, adoption, foster care, or related purpose"..... I'm not as comfortable with the prenatal piece and would suggest you either chat with your local counsel or do some digging in the reg's. altho i can see both sides of this argument, I'm inclined to think the pre-natal visits are not applicable. I'll await the words of wisdom from the FMLA guru's.

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 01-07-02 AT 10:10AM (CST)[/font][p]After reading the regs, it seems to me that since there is a contract between the birth and surrogate moms, the surrogate mom is entitled to FMLA time off similar to someone who is adopting a child. Similarly, in view of the contract, it seems the surrogate mom is entitled to FMLA protection (adoption/placement of a child for foster care) for the birth mom's prenatal care. I've never adopted a child or attempted to have one placed in my (foster) care. It just seems that matters related to the child's health would fit under the broad heading of adoption/placement of a child for foster care. It would be inconsistent to split hairs on this.