In recent years, parental leave has become a major employee benefit, and that includes adoptive parents. Adoptive parents stand on equal footing with birthing parents on many parental leave laws, including the Family Medical Leave Act (FMLA) and many state leave acts, as well as employer-offered benefits.

The federal FMLA applies to government agencies, public and private schools, and most private employers with over 50 employees. The law provides the right of eligible employees to take up to 12 work weeks of unpaid, job-protected leave for specified family and medical reasons. During this time, while their job is protected, they are entitled to continuation of all regular employee benefits, including health insurance coverage.

State Family and Medical Leave Acts

Many states extend the FMLA over 24 months instead of just 12, and some allow for unpaid leave for employees that don’t fall under FMLA. More importantly, four states offer six weeks of paid family leave for adoptive families: California, New Jersey, New York, and Rhode Island. These programs are funded by employee paid payroll taxes and administered through state disability programs. If interested, contact your state employment agency in order to fill out any appropriate paperwork.

Additional Employer Benefits

If you are adopting a child, and your employer is not abiding by FMLA, file a complaint with the Wage and Hour Division of the US Department of Labor. If your employer is not treating you with the same rights as they allow other adoptive parents, contact an employment lawyer today. Justice is blind. Don’t let prejudice allow your employer to have a myopic view of your family.

Related Resources:

  • Find an Employment Lawyer Near You (FindLaw’s Lawyer Directory)
  • Top Adoption Law Questions (FindLaw Law and Daily Life)
  • 10 Ways the FMLA Can Work for You (FindLaw Law and Daily Life)

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