If I adopt an infant can I get the maternity leave?

Question

As a rule, female employees get 3 months maternity leave to take care of the newborn baby. Is that rule applicable to a female employee, who is adopting an infant. Is theree any specific rule/law in that respect?

Answer 1

You will need to talk to your employer.  When I adopted, our maternity policy actually was through disability, so I was not entitled to leave as an adoptive parent.  I could however take unpaid Family Leave, which I did.  I think it is something that adoptive parents need to fight for.  I feel strongly that maternity leave should be for either a bio-mom or adoptive mom!

Answer 2

If you qualify for FMLA as if you were giving birth then you should be covered. However it may not all be paid if it's for "dependant care" not because of the adoption, but because there are some limite to howmany sick leave wours employers allow you to use. In a case of childbirth the mother is actually out becaues of HER need to recover and therefore she can (in most cases) use sick leave.

In my case I was only able to use 80 hours of sick leave and the rest had to be vacation leave. FMLA only guarenties your job being there and makes it illegal for your employer to retaliate for your being off.

Check with your HR rep. A lot of polaces avoid FMLA law if they are a small company or if you are in a vital position that couldn't go open.

Answer 3

No, it was explained to us that maternity leave only applies to women who give birth, and works the same way as a temporary disability because the mother has a ""medical condition". Adoptive families are covered by the Family Medical Leave Act", which allows each parent to take up to 12 weeks leave from work, however this is unpaid leave (unless you work for a really nice employer).

My husband was also not allowed to use his sick pay for this time off either, but some employers will allow you to.

Answer 4

only your employer can tell. good luck and congratulation for your upcoming baby

Answer 5

There is no paid leave (unless your employer allows it) since the paid leave than biological moms get is due to the inability to go back to work due to a short-term disability.  However, FMLA provides for up to 12 weeks of unpaid leave if your company is large enough.  Check with your HR department.

Answer 6

USA only:

Family Medical Leave Act actually states "for birth of a child or placement through adoption or foster care".  YES.  And if your employer tries to tell you no, you can take legal action.  The rule simply states that they cannot fire you for taking time off to care for a child or relative, and you must have your old position back upon your return.  Whether you get paid or not is up to the company.

Answer 7

No you only get maternity leave if you are pregnant and have just given birth.

Answer 8

Here in Australia, adoption leave usually falls in the same category as maternity/paternity leave. That is, if you are elegible for 3 months to have a bio baby, you should be elegible for 3 months adoption leave. Different businesses/workplaces have different specifications, so check with your boss.

It is really important that you do have full time for at least that 3 months (in Australia, we are required to commit to 12 months in some states) with your new baby/child. Bonding and attachment between the primary caregiver and the adopted child is vital in order to build a strong relationship later on.

check out these websites for more info

Answer 9

no its not urs so no

Answer 10

Go to the site below and it will explain everything.   Only, those types of leaves are usually 6 weeks or 8 weeks of you have a c section delivery.   It also lists the time for adoptive parents.

Answer 11

Good chance the answer is yes.  I agree, speak to your human resources dept.  FMLA covers adoption or birth.

Answer 12

You don't say where in the world you live, so its hard to tell what laws apply to you!  Please, people, this information is important, don't leave it out of your questions and answers.

As other posters have mentioned, in the USA you can get maternity or paternity leave under the Family Medical Leave Act.  For both of our adoptions, my husband was also able to get some time off from his employer under this law.  This time is VERY important after an adoption, a lot of bonding time in the first few weeks will help get the adoption off to a good start.

Answer 13

YES! You CAN take maternity leave for an adopted child!!

Answer 14

in the US we have FMLA and I use it for my adoption son and so did my husband

Answer 15

that is a corruption in this law the reason for a law like this would be to ensure that a mother was able to take care of herself and the baby physically during the hardest months and right after birth, that is to keep from having stillborn babies and mothers that are overwhelmed, why if you are adopting a baby would you deserve or even need this?  this is a corruption in the law that is still favoring the wealthy over the poor, because only the wealthy get to adopt babies and they take them away from the poor!

Answer 16

From my understanding the Family Medical Leave Act (FMLA) provides 12 weeks leave in cases of both birth and adoption as long as your employer has more than 50 employees.  It depends on your company if you will be paid for the leave.  Look into the FMLA and get the real details.

Answer 17

Go to:

http://www.baby.com/view.aspx?pid=199&ci...

to read an article on the subject.

It would depend on what your state mandates and what your employer offers under the applicable law.  Some states have more gracious laws than others.

Go to your HR department & see what's offered.  If you have any questions about what they're offering & you can't get good answers from them, give your state's Bureau or Department of Labor a call and ask your questions.  They'll be the biggest help.

Answer 18

It depends on where you work.  For most companies, yes.  Talk to your HR dept.

Answer 19

They should make no distinction between natural or adopted children.

Answer 20

yes the rule applies, and should be welcome by your employer, if not they are breaking the law and if they fire u then its against the law, adopt and enjoy the baby for the the three month leave and then see what u want to do after the 3 months is up...

Answer 21

My cousin just went through an adoption of a newborn and yes she got the 3 months maternity leave.

Answer 22

Yes, you can get  unpaid leave as many have told you.

While most companies will provide paid maternity leave for both, some companies will not give paid maternity leave to adoptive mothers. Their argument (reasonable, actually) is that the maternity leave is for physical recovery.  There is nothing physical to recover from an adoption.

Answer 23

In Australia we do! Have a talk to your boss about it!

Answer 24

That would be covered under the FMLA (Family Medical Leave Act) in the US and it allows you some options as far as leave for pregnancy, adoption, death, etc. Employers policies vary so talk to your superior or Human Resources for more info.

Answer 25

You should be able to get unpaid leave, if your employer is subject to the FMLA laws.  (Keep in mind that not all employers have to comply with FMLA - depends upon the size of the company, etc.)

However, there is no requirement that you get paid leave.  Even for women who give birth to a child, their paid leave may not be at 100% and it also may not last the full 12 weeks.  I know that when I had my children, I would have had 6-8 weeks of paid leave at 70% of my salary, and then any additional time I took under FMLA would have been unpaid.  (I didn't end up using maternity leave...ended up leaving my job and staying home w/my kids for the first year and a half.)

Keep in mind that the paid leave is generally through short term disability (hence the reason its not paid @ 100%), and the reason its granted is to allow the mother to recuperate from childbirth.  That's why adoptive parents don't tend to qualify for the paid maternity leave offered at most companies.  But you should certainly get the same amount of unpaid leave.