Massachusetts law allows the same protections for foster or adoptive parents as biological parents. Under the Family and Medical Leave Act, (FMLA,) an employee may take up to 12 weeks in any 12 month period for the adoption of a child. This leave may be taken before placement of the child, if necessary for adoption procedures, (such as travel or counseling/parenting classes.)
In order to be eligible for this time off, the employee must have been employed for 12 months, (not necessarily consecutively,) and have worked at least 1,250 hours for the employer. The employer must employ 50 or more employees within a 75 mile radius to be required to provide this leave by the FMLA. Protection does not end for the employee if the amount of employees falls below 50 while they are on leave.
If the employee is eligible, they may take the time off intermittently and be put on a part time schedule until the equivalent of 12 weeks has expired. The employee must provide 30 days notice of the leave to the employer, and the employer must notify the employee within 2 days whether they are eligible for leave. If notice to the employee is not given within the 2 days, the employee is entitled to take leave. If both adoptive parents work for the same employer, they may only take 12 weeks collectively, not individually, per the adoptions of each child.
Employers are allowed to ask the employee questions regarding their status and intentions while on leave. After the leave has expired, the employee is entitled to return to the same position from which they left.
Employers covered by the FMLA must post a notice outlining the FMLA provisions, whether or not all employees are eligible to take leave.
Photo credit: Microsoft
Comments