It is no secret that adoption can be a lengthy and often confusing process. Understandably, one of the major questions families considering adoption face is, “Can I take maternity or paternity leave for adoption?”
In classic legal fashion, the answer is “it depends.”
Maternity or paternity leave can be extremely important for adoptive families. Oftentimes, families have waited months – if not years – to receive the joyous news that they will soon receive the gift of a child. A period of time off work allows these new families to relax, bond with their new baby, and focus on adjusting to a new normal.
What law applies?
While there is no specific law providing leave for an adoption, adoptive families are covered under the Family and Medical Leave Act (FMLA). Thus, if you work for a covered employer and are eligible for FMLA leave, then you can take maternity or paternity leave for an adoption.
As a quick recap, the FMLA entitles “eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.” In general, to be eligible for FMLA leave you must: (1) work for a covered employer, (2) have worked 1,250 hours in the previous calendar year, (3) work for a company or agency with 50 or more employees in a 75-mile radius, and (4) have worked for your employer for at least 12 months. If these factors are met, you are entitled to job-protected leave for your adoption.
In addition to FMLA leave, some employers may have adoption or leave policies that go above and beyond the federal requirements. For that reason, it is important to review your company’s handbook or speak with Human Resources personnel to discuss any additional leave availability.
How do I exercise my FMLA rights?
Pursuant to 29 C.F.R. § 825.302(d) and 825.303(c), to request FMLA leave under nonemergency situations, an employee needs to comply with the company’s “usual and customary notice and procedural requirements for requesting leave.” This notice should be given as soon as practicable and should include information sufficient to make your employer aware of the need for leave and the anticipated timing and duration of the leave. One sure way to do this is to speak with a Human Resources representative early in the adoption process. Communicating with your employer during the early stages of the adoption process also gives you additional time to prepare in the event leave is wholly unpaid.
What should I do if was fired after asking for FMLA leave from work?
Best Ohio Employment Lawyer Answer: If your Family Medical Leave Act (FMLA) rights are being violated, be it FMLA interference or FMLA retaliation, you should call the right attorney now to schedule a free and confidential consultation. (Read: What is the Spitz No Fee Guarantee?; Why Having Skilled Employment Attorneys Is Critical). Like many employment laws, the FMLA is complex and not easy to navigate on your own. The medical leave rights lawyers working at Spitz, The Employee’s Law Firm are experienced and dedicated to protecting employees’ rights under the FMLA and Ohio employment law. Our lawyers fight hard to get you the FMLA leave that you are entitled to or fight to get you paid for being wrongfully fired.
Disclaimer:
This employment law website is an advertisement. The FMLA materials available at the top of this medical leave page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you were wrongfully fired or otherwise retaliated for exercising your FMLA rights, your best option is to contact the best medical leave law firm near you to obtain advice regarding your specific FMLA questions and any particular employment law issue that you may be facing. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, LLC, Brian Spitz, or any individual attorney.