Maternity Leave for Adoption

When a couple or individual adopts a baby, there is frequently very little notice that they will be receiving a new bundle of joy in the next few days. Adoption agencies can give as little as a few days notice that a child is available for a couple. This, unlike pregnancy, creates a problem in requesting maternity leave.

When a woman is pregnant, she has months to plan for the baby and request maternity leave. The same is not true for adoption. Because of this difference, many companies have looked unfavorably on maternity leave for adoption. It is, usually, not that the company doesn’t appreciate the need for leave or even appreciate that a new baby takes work, it is that they don’t appreciate the lack of notice. In many adoptions, there is not enough time even to give the company the standard two weeks’ notice.

In the past, maternity leave for adoption depended on state laws and corporate policies. By 1989, only 13 states had mandated some form of personal leave. All of this change in 1993 with the Family and Medical Leave Act. The FMLA mandates that an employee be granted unpaid leave for up to 12 weeks. This act, while beneficial to individuals working for a large corporation, does not help individuals who work for smaller companies as much.

While previous regulations did not explicitly mention adoptive parents, the FMLA specifically applies itself to individuals who are adopting children.

Contact a San Jose Family Lawyer

For more information on the number of issues surrounding adoption, contact the San Jose family lawyers of the Law Office of Daniel Jensen at 408-296-4100.