Adoption and FMLA

Yes, FMLA applies to adoption.  That's why it's called the Family and Medical Leave Act, because it protects employees who take leave for medical reasons and/or to take care of family, including parents who adopt and/or have foster children.  Therefore, when talking about FMLA and leave from work, I like using the term "parental leave" because it encompasses terms like maternity leave, paternity leave and adoption leave and I want to get away from language that implies that only women get leave or should take leave.

So, yes, I will take parental leave after the adoption.  It surprises me how many people are surprised when they hear that.  But I try to be patient because I know those who are unfamiliar with adoption don't understand how our trip to China isn't a vacation, how important and challenging forming attachment with a new child is and how the weeks and months after the adoption of a child are just as exhausting and life-changing as they are after the birth of a child.

Chris and I still don't know how much leave each of us will take.  Much of it will depend upon the timing of the adoption, the needs of our child, what my employer will allow (if I choose to extend leave beyond the 12 weeks guaranteed by FMLA) and what we can afford.  Due to many factors, I'll most likely take the bulk of the leave.  Because FMLA only protects your job and health benefits, and does not provide pay, I will use up my vacation and sick time and the remainder of my leave will be unpaid.  The only difference is that if I had given birth to our child, instead of adopted him, short-term disability would have covered a portion of my salary.  That's the one area where adoptive parents get the short end of the stick. 

As much as I had researched my rights under FMLA before starting the adoption process, I was still pleasantly surprised that I could use FMLA and sick time simultaneously for the time I needed off work to attend home study visits with our social worker, consultations with doctors at the International Adoption Clinic and our biometrics appointment with the USCIS.  Using sick time meant I got paid and FMLA protected my job.  (Not that I felt I needed protection, but it was more a matter of protocol.)  I'm fortunate at my company to still have separate sick time and vacation time and that I can count the time I take for the kids' doctors appointments or to stay home with them when they aren't feeling well as sick time.  But it never occurred to me that I could use sick time for an unidentified child who is not yet legally ours, and for appointments that weren't medically-related.  But it was welcome news and made me feel as supported as my pregnant co-worker.