As a rule, female employees get 3 months maternity leave to take care of the newborn baby. Is that rule applicable to a female employee, who is adopting an infant. Is theree any specific rule/law in that respect?
2007-09-03 01:21:32 · 25 answers · asked by Gayatri 1 in Pregnancy & Parenting ➔ Adoption
You will need to talk to your employer. When I adopted, our maternity policy actually was through disability, so I was not entitled to leave as an adoptive parent. I could however take unpaid Family Leave, which I did. I think it is something that adoptive parents need to fight for. I feel strongly that maternity leave should be for either a bio-mom or adoptive mom!
2007-09-03 15:44:02 · answer #1 · answered by BPD Wife 6 · 2⤊ 1⤋
You should be able to get unpaid leave, if your employer is subject to the FMLA laws. (Keep in mind that not all employers have to comply with FMLA - depends upon the size of the company, etc.)
However, there is no requirement that you get paid leave. Even for women who give birth to a child, their paid leave may not be at 100% and it also may not last the full 12 weeks. I know that when I had my children, I would have had 6-8 weeks of paid leave at 70% of my salary, and then any additional time I took under FMLA would have been unpaid. (I didn't end up using maternity leave...ended up leaving my job and staying home w/my kids for the first year and a half.)
Keep in mind that the paid leave is generally through short term disability (hence the reason its not paid @ 100%), and the reason its granted is to allow the mother to recuperate from childbirth. That's why adoptive parents don't tend to qualify for the paid maternity leave offered at most companies. But you should certainly get the same amount of unpaid leave.
2007-09-03 23:52:06 · answer #2 · answered by sarah314 6 · 1⤊ 0⤋
You don't say where in the world you live, so its hard to tell what laws apply to you! Please, people, this information is important, don't leave it out of your questions and answers.
As other posters have mentioned, in the USA you can get maternity or paternity leave under the Family Medical Leave Act. For both of our adoptions, my husband was also able to get some time off from his employer under this law. This time is VERY important after an adoption, a lot of bonding time in the first few weeks will help get the adoption off to a good start.
2007-09-04 09:08:37 · answer #3 · answered by Jisdu 3 · 1⤊ 0⤋
Here in Australia, adoption leave usually falls in the same category as maternity/paternity leave. That is, if you are elegible for 3 months to have a bio baby, you should be elegible for 3 months adoption leave. Different businesses/workplaces have different specifications, so check with your boss.
It is really important that you do have full time for at least that 3 months (in Australia, we are required to commit to 12 months in some states) with your new baby/child. Bonding and attachment between the primary caregiver and the adopted child is vital in order to build a strong relationship later on.
check out these websites for more info
2007-09-07 01:08:47 · answer #4 · answered by Lofty M 3 · 1⤊ 0⤋
My cousin just went through an adoption of a newborn and yes she got the 3 months maternity leave.
2007-09-06 20:55:07 · answer #5 · answered by Anonymous · 1⤊ 0⤋
From my understanding the Family Medical Leave Act (FMLA) provides 12 weeks leave in cases of both birth and adoption as long as your employer has more than 50 employees. It depends on your company if you will be paid for the leave. Look into the FMLA and get the real details.
2007-09-03 08:30:36 · answer #6 · answered by T 2 · 1⤊ 0⤋
USA only:
Family Medical Leave Act actually states "for birth of a child or placement through adoption or foster care". YES. And if your employer tries to tell you no, you can take legal action. The rule simply states that they cannot fire you for taking time off to care for a child or relative, and you must have your old position back upon your return. Whether you get paid or not is up to the company.
2007-09-03 23:42:30 · answer #7 · answered by the Vampire Claudia 2 · 2⤊ 0⤋
Yes, you can get unpaid leave as many have told you.
While most companies will provide paid maternity leave for both, some companies will not give paid maternity leave to adoptive mothers. Their argument (reasonable, actually) is that the maternity leave is for physical recovery. There is nothing physical to recover from an adoption.
2007-09-06 23:00:59 · answer #8 · answered by CarbonDated 7 · 0⤊ 1⤋
Go to:
http://www.baby.com/view.aspx?pid=199&cid=226
to read an article on the subject.
It would depend on what your state mandates and what your employer offers under the applicable law. Some states have more gracious laws than others.
Go to your HR department & see what's offered. If you have any questions about what they're offering & you can't get good answers from them, give your state's Bureau or Department of Labor a call and ask your questions. They'll be the biggest help.
2007-09-06 10:58:45 · answer #9 · answered by StacieG 5 · 0⤊ 0⤋
No, it was explained to us that maternity leave only applies to women who give birth, and works the same way as a temporary disability because the mother has a ""medical condition". Adoptive families are covered by the Family Medical Leave Act", which allows each parent to take up to 12 weeks leave from work, however this is unpaid leave (unless you work for a really nice employer).
My husband was also not allowed to use his sick pay for this time off either, but some employers will allow you to.
2007-09-03 21:11:08 · answer #10 · answered by Angela R 4 · 0⤊ 2⤋