You may already know that Arkansas employers must offer maternity leave to adoptive moms if they offer it to biological moms. But you may be wondering about paternity leave for Arkansas adoptive fathers. Can a man take parental leave when he adopts a child?
The federal law
Most laws about adoption are state laws, and one state may have very different laws from another state. There is, however, a federal law about paternity leave: the Family Medical Leave Act. This requires all companies with 50 or more employees to provide 12 weeks of unpaid leave for moms or dads, and to welcome them back to their jobs when they return.
Roughly 94% of companies in Arkansas do not have as many as 50 employees, and so are not covered under the FMLA.
The state law
Under state law, any company that offers parental leave for biological parents must also offer it for adoptive parents. So, if your company offers paternity leave for biological dads, you will also be eligible for leave when you adopt a child. This is true no matter whether the company that employs you has 50 employees or not.
However, Arkansas doesn’t require companies to offer maternity leave. There is no law saying that a company that offers maternity leave must also offer paternity leave. In fact, the only law about parental leave on the books in Arkansas is a 2023 law regarding state employees. This law, Act 770, specifically refers to women and does not cover dads at all. In practice, state employees are covered by FMLA, so there really is no law requiring paternity leave on the state level.
Your employer
As you prepare for your adoption journey, it’s a good plan to talk with your employer about parental leave. If your employer currently doesn’t offer parental leave, or offers it only to female employees, they may be open to changing that policy.
Along the way, you may have many legal questions — and other kinds of questions, too. At Heimer Law, we specialize in adoptions and can help make your personal adoption journey as smooth as possible.
Contact us today with all your adoption questions.
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