Adopting or Fostering? “Maternity Leave” for You Too

Any time I write about FMLA (Family Medical Leave Act) I get a little nervous because for as much benefit and protection that it gives to parents, there are also so many twists and turns that it is easy to misinterpret. So, I’ll start this post off by recommending that you seek counsel and guidance from your company’s HR department and if that gets weird you may have to involve a labor and employment attorney.

Here’s the short answer on “Can I take FMLA leave to adopt or foster a child?” The answer is “yes” however there are some differences if you are not giving birth to the child yourself.

Many supervisors and employees think that FMLA is only there to provide leave for medical conditions (pregnancy being one) however it also applies when an employee (either male or female) has started the process to adopt or foster a child. Be sure to let your manager and HR know well in advance that you are in the process of adopting or fostering a child. If your company is obligated to follow FMLA guidelines you are entitled to leave before the actual placement of a child in your home when the absence is required in order for the adoption to proceed.

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