Arkansas requires that companies provide the same parental leave for adoptive parents as for all parents. The Family Medical Leave Act also specifically applies to adoptive parents. So you can feel confident that your adoptive family’s growth will get the same kind of support from your employer as any other growing family. But you might still wonder how it works.
The FMLA guarantees up to 12 weeks of unpaid leave for workers for health and family situations that prevent them from working. It applies to companies with more than 50 employees, and to workers who have been with their employer for 12 months or more. FMLA leave protects the worker’s job and makes sure that the time off is not counted against the worker under attendance policies. Workers continue to be coerced by their employers’ health insurance plans.
Here’s what the federal law says about adoption:
“Employees may use FMLA leave when a child is first placed with them for adoption or foster care and to bond with their newly placed child. An employee’s entitlement to leave for adoption or foster care ends at the end of the 12-month period beginning on the date of the placement. Employees may also use FMLA leave before the actual placement or adoption of a child in situations where, for example, the employee may be required to:
- Attend counseling sessions,
- Appear in court,
- Consult with the attorney or doctor(s) representing the birth parent,
- Submit to a physical examination, or
- Travel to another country to complete an adoption.
Adoption, for FMLA purposes, means legally and permanently assuming the responsibility of raising a child as one’s own.”
That is, this does not apply to guardianship. It does cover legal as well as medical needs. And it does allow time within the first year of the adoption for bonding with the new family member, even if the child is old enough not to require full time physical care.
Ask your employer for their documents
Even though the FMLA is a federal law, each company may have its own specific requirements and instructions. The company may require a certain amount of warning ahead of time, when that is possible. They may ask for letters or filled-out certificates from your adoption professionals, including proof that you attended counseling sessions or other appointments. They can also ask for input on scheduling of appointments, and they can transfer you to a different position with equal pay. The object is to make your leave as convenient as possible for you and for your employer.
All these details should be clearly stated in your employers’ FMLA statements. They should also provide the paperwork you need to fill out and which your adoption professionals may need to complete. The Human Resources Department at your company can provide any help you need to complete the process.
It’s important to note that while the FMLA provides for unpaid leave, some employers may offer paid family leave or other benefits. Arkansas law requires that the same benefits be provided for adoptive parents as for biological parents. It’s a good idea to check with your employer’s human resources department to see what specific policies apply to you.
Are you considering adoption?
Heimer Law is an Arkansas adoption attorney. We offer free consultation for people considering adoption. Contact us with the simple form below to start your adoption journey.