Adopting a child can be an exciting and challenging time for any family. Families that are able to take time off from work to welcome the new child may have an easier adjustment than those that don't have such freedom.
Whether your employer will offer you paid time off will likely depend on its specific Human Resources (HR) policies. One of the first steps you should take when planning an adoption should be to speak with your HR benefits representative; but it is important to note that he or she may not have good news for you. Not all employers offer parenting time for adopting families. If this is the case, you have other legal protections that may come in handy as you and your new child get settled.
A federal law, the Family Medical Leave Act (FMLA), provides time off for certain family events, including major illness and childbirth.
FMLA coverage includes parents who are adopting or fostering a child. If FMLA applies to you, you can get up to 12 weeks of unpaid leave during any 12-month period. You are not required to take all 12 weeks at once.
During the time you are on FMLA leave, you will be able to maintain your healthcare coverage and other similar benefits. Upon your return, you must be reinstated at an "original or equivalent" position, including pay and benefits. It is important to note that you don't necessarily have to get your original job back; all that is required is that you be given one that is "equivalent."
To be eligible for coverage under FMLA, you generally must have worked for your employer for at least one year and your employer must be covered by FMLA. The FMLA applies to most companies that employ 50 or more individuals. However, even if you work for a smaller company, your state may have a similar law in place that protects employees of smaller businesses. Some state laws may actually grant employees more rights, such as more time off or even paid time off. It is important to check with your attorney or HR department to find out what laws are applicable to your circumstances.
If you fee! as though your FMLA rights have been violated, you have a couple of options. The U.S. Department of Labor is the agency charged with enforcing FMLA, and you always have the right to file a complaint directly with it. Or, you can speak with your attorney, who may consider contacting your employer or even filing a private lawsuit.
Of course, the best bet when making such an important family choice is not to wait until after the fact to enforce your rights, but rather to work proactively with your HR department and your supervisors.