FMLA Overview for Adopting Families

Many of you know what I do for a living, and while this is not my area of expertise, I wanted to share my brief overview of FMLA for adopting families.

Family Medical Leave Act (“FMLA”) Introduction

The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified reasons – including, but not limited to: (i) the placement of a son or daughter for adoption; or (ii) to care for a son or daughter with a serious health condition. Upon return from FMLA leave, you are entitled to reinstatement to the same or equivalent position without loss of benefits.

Eligibility:

1. You must have worked for an employer for at least 12 months;
2. You must have worked for this employer for at least 1,250 hours in the last 12 months before the leave; and
3. You must work at a site with at least 50 employees within 75 miles.

Highlights:

• If you receive better benefits through a union, collective bargaining agreement or similar employee benefit program, FMLA will not reduce those benefits
• FMLA is generally unpaid but you may use sick or vacation leave/hours to be paid.
• If you and your spouse both work for the same employer, you are limited to 12 weeks total.
• Leave may not be taken intermittently unless you and your employer agree otherwise.
• If the need for leave is foreseeable, you must give 30 days’ notice. If the need is not foreseeable, you must give notice as is practicable.
• If leave is related to care for your son or daughter with a serious health condition, you may be required to obtain a certification from a health care provider (Form WH-380F).

Other Online Resources:

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
http://www.dol.gov/whd/fmla/finalrule/factsheet.pdf
http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
http://www.dol.gov/whd/forms/WH-381.pdf


Disclaimer: This information is for informational purposes only and is not legal advice. No responsibility is assumed for the accuracy or timeliness of this information and it is not intended as a substitute for legal counsel, and is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The impact of the law for any particular situation depends on a variety of factors; therefore, visitors to this site should not act upon any of this without seeking professional legal counsel licensed in your own state or country.