The Family and Medical Leave Act (FMLA) entitles employees to take unpaid time off work for certain family events, including adoption. It protects your job and ensures you receive the same health benefits during your leave as you would be entitled to if you were still at work. Understand your FMLA rights as you welcome a new child into your family.
Adoption is Covered by FMLA
Most people think of FMLA when they think of having a biological child, but it is also available when parents adopt a child. Before the actual adoption or child placement in your home, use FMLA when your presence is needed for the adoption to proceed. Examples include:
- Counseling sessions
- Required physical exams
- Consultations with attorneys, social workers, the adoption agency and/or the child’s birth parent’s representatives
- Court appearances
- Travel for the purpose of completing the adoption
Adoptive dads and moms are also eligible for FMLA after your child is placed in your home. The source of the adoption does not affect your eligibility for FMLA.
How Much FMLA can I Take for an Adoption?
Typically, FMLA provides employees with 12 work weeks of leave in one 12-month period. For traditional childbirth, you can take that time in split increments. For example, you want to be at your child’s doctor appointments, so you can take FMLA and attend the well-child checks even if they’re only an hour once a month.
The rules are slightly different for adoptions. In this case, you are eligible for intermittent FMLA leave before the placement and for the 12 months after your child is placed in your home. Post-placement leave must be taken in a continuous break and may not be split unless the child has a serious medical condition or your employer agrees to let you take intermittent leave.
How to Take FMLA
Your first step toward receiving FMLA is asking for it. Instead of submitting the standard medical certification form, though, you should ask your attorney to write a letter stating that you are in the process of adoption. It should include how much leave you need and how long the process is expected to take. Your employer will then approve the leave or ask for further details.
Throughout the adoption process, you may be asked for updates or recertifications. Employers do this to ensure that the time you take off is indeed for adoption-related tasks.
