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Adoption and FMLA

deniseEdeniseE 902 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
OK...let's say that you have a parent wanting to take "maternity" leave for an adoption...typically, this is FMLA and runs concurrent with paid Sick Leave (as delivery renders one temporarily disabled)....what if the situation is an adoption and the employee has the sick time to cover the leave, but not annual or vacation?

I know the answer may depend upon internal policies...but I don't believe that ours covers this situation.
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  • marcmarc 3,126 Posts
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    When our ees are out for FMLA purposes, we require them to utilize all available leave time whether it is vacation, sick, or personal. You should write a policy about how time is utilized for FMLA purposes if you do not have one.
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  • Don DDon D 9,834 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 10-10-03 AT 08:00PM (CST)[/font][p]Our policy requires the employee to take available personal leave or vacation time for FMLA related to situations other than his own health; and sick leave followed by vacation for situations related to his personal medical circumstance. Adopting a child, as in your scenario, would, under our policy, allow him to take vacation, but not sick. FMLA makes no suggestions that we should try to equate adoptions to vaginal deliveries. But, make the policy whatever you like. It's just not required.

    And, the employee is not taking 'maternity leave'. He is taking FMLA for the birth or adoption of a child, as defined in the regs.
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