By Susan Schoenfeld, JD
BLR’s in-house FMLA expert, Susan Schoenfeld, JD, answers a subscriber question about employee leave requests for the adoption of a child.
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Q: I have an employee who has requested leave to adopt a child. The leave he requires is to attend state-mandated adoption classes and meetings with his attorney. Are these adoption-related reasons covered by the FMLA? If so, what type of documentation am I required to ask for, if any?
A: Eligible employees are entitled to up to 12 weeks of Family and Medical Leave Act (FMLA) leave for placement with the employee of a son or daughter for adoption or foster care. Employees may take FMLA leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.
For example, the employee may need leave time to attend required counseling sessions, appear in court, consult with his attorney or the doctor(s) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption.