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.

Dreams

A year ago this week Phil Vischer, creator of VeggieTales, spoke at Moody Bible Institute's Founder's Week Conference. Phil's talk came at a great time last year as we were considering our own dreams and goals in our life including career paths, ministry and our adoption decision.

I had a dream of a successful career and doing great works. But Phil puts it best when he quotes the psalmist, "As the deer pants for streams of water so my soul pants for [the successful career I want to have/the great works I want to do/the megachurch I want to build....]."

"Do you dream of the work you can do for God? Do you carry ambitions for changing the world in His name? When you're ready to put them on the altar and kill them, to let them go, to live your whole life without them and resting solely in your relationship with God - you're ready to be used by Him." I admit that I had my own ambitions and dreams for my life. It was not until I put my dreams/goals/visions/ambitions on the altar that I was ready to be used by Him.

You can download Phil's full talk at Moody here or listen to a similar but shortened version online here for free.

Random Check

I think we all wait for the day when that random check will come in the mail that will meet all of our needs...today was that day! At least, the random check part. A while back we posted about partnering with a magazine website that offers subscriptions at a significant discount and we receive 40% of the sale. Well, a check came in the mail today. It was not for the thousands we need, but it helps. I checked the record of who purchased the subscription and noticed that we do not know this person. How does that happen? So, D.F., if you're still out there, thank you so much!!

Stay at Home Moms/Dads

What are your thoughts on stay at home moms/dads? In general? Specifically for an adopted child? Would working part-time be ok?

We could use some advice as we consider this. Thanks!

Coffee

The Watson family introduced us to a great program that helps adopting families. We've set up an online store at Just Love Coffee, a site that sells fair trade coffee. For every bag of coffee you purchase, we receive $5! Additional proceeds go to build a school for older orphans in Ethiopia. It's a total win-win here, and the coffee is A+ (I've tried it). This site was started by another adopting family who is now helping others.

Click here to find other ways you can help us through online shopping.

Merry Christmas

Christmas is celebrated today by the Russian Orthodox Church. Most offices are closed until next week to celebrate Christmas and the new year.

Today, on this our 100th post since starting our journey, we received our Christmas present. We were advised that we were officially registered in our region as of the end of December. This is great news for us and the next milestone on our journey. I'm not sure how much we can share about our news, but know that our region is in Siberia. An "estimated" location is here. ;)

Thanks for keeping up with us and best wishes for 2010.