Adoption and FMLA
The law firm of Chanfrau & Chanfrau is committed to employees. We want to make sure they always receive a fair shake from their employers, and that their legal protections are always observed. This is why our Daytona Beach, FL employment law attorneys provide legal help when workers are denied protections by the Family Medical Leave Act (FMLA).
Being a parent means making the most of your time with your your kids. This is especially important for newborns, or when an adoptive child or foster child enters your care. Let’s take a moment to consider how the FMLA applies to parents of adopted children, and what to do if you are not granted your unpaid leave.
About the Family Medical Leave Act (FMLA)
The Family Medical Leave Act of 1993 is a US labor law that grants covered employees the ability to take up to 12 weeks of unpaid leave to address qualified medical or family issues. The FMLA allows these employees to take protected unpaid leave, meaning that they will not lose their job simply for taking time to address illness or a family matter. Reinstatement in their position or similar position at the company occurs once the family or medical leave is completed.
Does the FMLA Cover Adoption?
Bonding with a child is always important, and the FMLA grants protected leave so parents can bond with a newborn within one year of birth, and for foster parents and adoptive parents to take leave within one year of the child’s placement in the home.
For adoptive parents and foster parents, this unpaid leave covers court appearances, physical exams, consultation with representatives of the birth parents, travel, and any other related administrative matters prior to the child’s placement. The time spent bonding with a child will follow the pre-placement leave time unless the employer grants the employee intermittent leave.
Qualifying for FMLA
In order to be covered by the FMLA, an employee must meet these requirements:
- Worked for a company for at least 12 months
- Worked at least 1,250 hours in that 12-month period
- The company must have at least 50 employees
Yet even if these qualifications are met, people may still be denied their unpaid family leave. Adoptive parents deserve to have time to bond, and employers must honor the FMLA. If your employer does not comply with the stipulations of the FMLA, our Daytona Beach attorneys can help.
What If I Am Denied Family Leave?
If you qualify for unpaid family leave via the FMLA but have been denied your ability to take leave, it’s important that you contact the Wage and Hour Division (WHD) of the Department of Labor. They will enforce the FMLA for all private employees, local and state employees, and certain federal employees.
It is also a good idea to speak with an employment law attorney familiar with FMLA protections. They can help you receive the bonding or recovery time that is due to you.
Learn More About Employment Law Matters
For more information about your legal options when labor protections are not observed, we encourage you to contact a skilled employment law attorney. The team at Chanfrau & Chanfrau can be reached in Daytona Beach by phone at (866) 610-0653.