Arkansas employers are legally required to provide the same parental leave and similar benefits to adoptive parents as to biological ones. If you decide to grow your family through adoption, your employer must offer you the same time off, remote work options, reimbursements, or other perks they offer to employees having a biological child. But the timeline and needs for a new adopted child aren’t always the same as for a new biological child. That means that it can be worth negotiating adoption benefits.
Timelines
One of the biggest differences between the adoption journey and a pregnancy is the timeline. A woman having a baby typically needs some time off near the due date and must have some time off for the birth and physical recovery. Both parents may need some time off to get used to having a baby in the house and doing without sleep. Some reduced work time makes sense until the baby is ready to be cared for by another person. The Family and Medical Leave Act (FMLA) guarantees 12 weeks of unpaid time off for employees of larger companies, but Arkansas has no specific requirements for smaller companies.
Under Arkansas law, family leave is usually expected to begin when the adopted child comes home to the new adoptive parents. That’s not always a good indication of what’s really needed. An adoption may require more time for travel, meetings, and other kinds of appointments before the baby is born. In fact, this kind of time commitment can take place over a longer period of months, depending on the circumstances. Adoption of an older child may mean the child is in school for much of day as soon as he or she joins the new family. On the other hand, an adopted child may require extra medical or parental attention at first. And dates can change much more in an adoption journey than in a pregnancy.
If you’re negotiating adoption benefits, it makes sense to ask whether you can take the time as needed, rather than all at once after the child comes home to you. An experienced adoption attorney can help you with realistic expectations of the kind of timeframe you might deal with.
Exceptions
Some adoptions don’t legally require any parental leave or other accommodation. For example, stepparent adoptions aren’t covered. This is because adoption benefits are expected to begin when the newly adopted child moves into the parents’ home. A stepchild is typically already living in the home.
You may still need extra time off, though, whether for court dates or meetings or other necessary tasks. A contested stepparent adoption can be time-consuming. While these needs aren’t covered under Arkansas law, you may be able to negotiate extra time off by comparing your needs to the com many’s standard parental leave policy.
Approaching your employer
Present your suggestions as a work plan to limit the inconvenience to your employer as much as a request for your family. Sometimes explanation may be needed if your employer is unfamiliar with the adoption process. For example, medical appointments related to your home study are just as essential as a biological mom’s prenatal checkups, but your employer may not know that. You should be prepared to explain in a friendly and non-defensive way why your request makes sense.
Make sure that you know the company’s standard parental benefits. Think about how the benefits offered will apply to your situation. Think, too, about what kinds of difference could arise and how the policy can be clearly adapted to your situation. One example could be the possibility of a failed adoption. You should ask whether, in the event of such a situation, you could preserve unused leave for the future.
Get it in writing
Once you and your employer or HR department have worked out a plan, get it in writing. Sine some of the agreements made might have been worked out on the fly, it’s best to have a clear statement of how the company’s policy will apply to your circumstances. Since Arkansas law requires that you have equal treatment with biological parents, don’t accept something less.
At the same time, remember that Arkansas doesn’t lay out any specific rules for parental leave. Your company may not have a written policy or might treat birth as a medical situation. The negotiations may require some creativity. Even so, negotiating your adoption benefits ahead of time will reduce stress for you and for your employer and coworkers.
Questions about adoption? Heimer Law is an experienced adoption law firm, and we can help. Call us at (479) 225.9725 or use our convenient inquiry form.
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