FMLA when adopting a child

GLC · May 2002

We have an ee who is in the process of adopting her grandkids. Besides completing the Employee Request for FMLA form, does she need to provide us with an other proof such as the adoption papers. Can we legally ask her for anything else? This is in KY.

Hatchetman · May 2002

You can require that the employee provide reasonable documentation to show that the child is being PLACED with the employee for adoption or foster care purposes. This could be court papers or written verification from the adoption agency. You would need to return originals to the emplyee though after reviewing them and documenting your file.

DeeAnn · May 2002

I don't know if this helps but we just learned through similar experience yesterday that you can also require that the FMLA leave is consecutive time off and not intermittent time. This apparently is the exception in the case of adoption only. I had never heard of this prior, any other feedback on this?

Margaret Morford · May 2002

One of the few choices employers get to make with FMLA is whether to allow intermittent FMLA for the birth or adoption of a child. I recommend to my clients that they not allow it and require it to be consecutive. The purpose of providing that time off is to allow the parent to bond with the child. Many companies that allow intermittent FMLA for births and adoptions find that the employee's ideal bonding time is every Friday and Monday.

With that said, I made one exception for a mother who gave birth to preemie twins. She wanted to come back to work until her babies were out of the hospital, so we permitted her to return and then take the rest of her FMLA when her babies were discharged. I told the managers anyone else who has similar circumstances we would do the same for.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Galestorm · July 2002

Margaret,

Is pregnancy the only choice a company has regarding FMLA Intermittent Leave and the decision to let them use it or not? What about all other reasons employees' request Intermittent Leave? I have several employees currently using Intermittent leave for parents, husbands,or children for purposes of chemo treatments, transporting seriously ill parents to and from chemo treatments, taking care of loved ones after surgery, etc, physical therapy appointments, etc. Also, will the employer need a doctor's note indicating specifics, such as length of time needed to be on FMLA Intermittent Leave (hours, days, etc.)and duration of Intermittent leave? We are pretty lose with this, and only require a doctor's note stating the employee needs Intermittent leave and the name and relationship of the person they are needing it for. One of the problems we have encountered is not requiring a release for the employee to return to duty because they are using the leave for the family member, then later learn the employee has returned to work full time. We have over 6,000 employees and find it difficult to track our employees who are using Intermittent leave. However, we have recently purchased a software that tracks FMLA for us and we're excited about the purchase.

The reason for the question today is because my supervisor just attended a workshop by our company attorney. Her understanding from the workshop was that a company can choose not to allow Intermittent FMLA at all (in any case). Your reply regarding "FMLA when adopting a child" indicates pregnancy would be the only time we have this choice. I would appreciate your feedback concerning my confusion.

Thanks Margaret!

Margaret Morford · July 2002

[font size="1" color="#FF0000"]LAST EDITED ON 07-26-02 AT 11:37PM (CST)[/font][p]An employer may choose not to allow intermittent leave for the birth of a child or the adoption of a child (Note: This can be true for either parent - not just pregnancy), but must be consistent in that decision. FMLA was provided in these two circumstances to permit parents to bond with the child. You cannot forbide intermittent FMLA for anything else that qualifies for FMLA. However, the law does permit employers some say as to when that intermittent can be taken. For example, an employee comes in and says he/she needs to take every Friday off for the next three months to go to chemo with his/her spouse. You can say to the employee that Tuesdays are better for your business, so please make your appointments on Tuesdays, not Fridays. Now if the oncologist doesn't work Tuesdays, the employee can come back and say Tuesdays are not possible, then you need to explore alternate days. But you cannot say no to intermittent altogether. Hope that helps. Call me if you have any other questions.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

FMLA when adopting a child

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