FMLA for Foster Care/Adoption

sawyert

Does anyone provide intermittent FMLA for employees who take a child in for Foster care or adopt a child? If yes, what are the reasons that you allow it for (ie. bonding or only reasons required as part of the process for placement)? Do you require employees to identify and stick to a schedule in advance of approving the leave on an intermittent basis?

marc

We allow the leave to be intermittent. One of the differences with adoption or foster care is that there are plenty of beaurocratic hoops to jump through before the child is actually placed. These events do not happen nicely, all in a row so that the leave can be 12 uninterrupted weeks. So we allow it to happen as needed until the child is placed. Once placed, then you can require it to be uninterrupted, but we don't do that. I can, however, see the need for it for many jobs and would think it entirely reasonable to do so, again, once the placement has been made.

Rockie

The law does not treat adoptions or foster care any differently than biological children. Intermittent leave would apply such as in the case of meetings for adoptions, flying to another country to pick up a child, etc.

marc

I agree with Rocky, however, in the case of bonding with the child, FML does allow the company to designate that all the leave must be taken as one block of time. Adoption or Foster situations have some requirements on the front end that call for intermittent leave.

I think we are aligned, but are just saying it a bit differently.

deniseE

With Foster Care placement the ee may also have other issues that will arise requiring the need for flexibility in scheduling.

Since both adoption and foster care are covered under FMLA, I would follow the Act and your policies and try hard not to treat a non-biological parent differently than a biological one.

Don D

Technically, legally, there is no difference other than a few miracles that occured in the pelvic area. There can be no difference in the application of the law.

marc

I disagree.

There are provisions under 29 CFR 825.112 that may require adoptive or foster parents to be treated differently than biological parents.

Here is the language from the DOL site.

"d) Employers covered by FMLA are required to grant FMLA leave pursuant to paragraph (a)(2) of this section before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in
court, consult with his or her attorney or the doctor(s) representing the birth parent, or submit to a physical examination."

Normally leave begins with the birth or the placement of the child, however, the above covers situations that the biological parents does not experience.

As you can see, the regulations clearly define a situation where the leave can be ahead of the placement and then logically deduce that it would not be 12 weeks all in a row.

Don D

I'm not sure what you're disagreeing with. The pregnant woman may need prenatal visits or may have to be out for pre-delivery rest. The adopting parent may need counseling sessions, placement meetings or a physical examination. Treat both the same. My point is that we should not treat the adopting parent as less of a parent than a biological parent. I don't think the law intends that.