Leave for Adoption

TKH3299 · October 2003

We currently have parental leave in place for all fulltime regular employees who have completed one year of service. Our policy reads -

"It is the company's policy to provide our full-time employees 3 weeks paid parental leave for new parents."

My question is, we have an employee who is adopting a child and is requesting parental leave. According to our policy, wouldn't she be entitled to such leave?

LindaS · October 2003

I would interpret the policy that a person adopting a child would be eligible for the paid leave the same as if they were giving birth.

Betty I_O · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 12:37PM (CST)[/font][p]I'd interpret it the same way. However . . . are you covered by FMLA? That is much more generous than your plan and allows leave up to 12 weeks for the placement of a child with the employee for adoption or foster care (available only during the first year after the child's placement).

TKH3299 · October 2003

We are covered by FMLA and that is something the employee is considering. However, since she is adopting rather than having a child, she is concerned that she will not be allowed the paid maternity leave because she is not actually giving birth. She has come to me in confidence with concerns regarding this issue. No one has said if she could or could not have the paid time off. I wanted to get an outside opinion on how someone else would view this policy.

deniseE · November 2003

The only difference is that she cannot use any available "sick" leave. This is used for the disability that results from giving birth...but she can use FMLA or any other available leave for the time off.

The new parent experience is not changed simply because you did not give birth. Think of it as a father taking paternity leave, he's no less entitled because he didn't endure labor!!

njjel · November 2003

"We are covered by FMLA and that is something the employee is considering. "

The employee should be eligible for the paid time which should run concurrent with FMLA time (assuming she has it available). The employee does not get to elect FMLA, the employer places the employee on FMLA leave.

Leave for Adoption

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