One of the most beautiful moments in the adoption process is when your adoption is finalized. At this point, your dreams of becoming a mom and dad are fulfilled, and you’re probably exhausted. It’s normal to need a break after your adoption to not only rest but to soak up each moment with your child.
But, you may be wondering, do adoptive parents get maternity leave? We’re here to help you understand your adoption leave rights so that you can navigate parenthood with peace of mind once your adoption has been finalized.
To find out more about your rights as the adoptive family, contact us online now to speak with an adoption specialist.
What is Maternity Leave for Adoptive Parents?
Parental leave for adoption is similar to traditional maternity leave in most cases. The adoption leave rules will depend on your employer. Your employer determines whether the leave is paid and how long it lasts. However, maternity leave for adoptive parents is protected by the Family and Medical Leave Act (FMLA).
It’s understandable that you’re exhausted after your adoption journey. The adoption process can be mentally and emotionally exhausting. Paternity and maternity leave for adoptive parents gives you the time you need to adjust to your new family dynamic.
Do I Qualify for the Family and Medical Leave Act?
You’re eligible for FMLA adoption leave if you:
- Work for a covered employer
- Have worked 1,250 hours (26 hours per week) in the previous calendar year
- Work for an employer or agency that has 50 or more employees
- Have worked with your employer for at least 12 months
So, do adoptive parents get maternity leave? If you’re considering adoption, you are guaranteed adoption leave rights if you meet the FMLA qualifications. Check out this FAQ article from the Department of Labor for more information on FMLA.
Do You Get Maternity, Paternity Adoption and Parental Leave?
Yes, as long as you work for an employer that covers it and is eligible to take leave, you can take paternity or maternity leave for adoption. While there are specific adoption leave acts, you’re protected under FMLA. Depending on your employer, there’s even a chance for you to receive adoption leave pay during this time.
On the other hand, there’s also a chance that your employer may not be supportive in this situation. That’s why it’s important to talk to HR to understand whether or not your employer supports adoptive parents getting maternity leave.
Why is Maternity Leave Not Given to Adoptive Parents?
Many employers have different opinions and policies’ regarding what qualifies you for maternity leave. While some are fully supportive, other employers have certain policies that limit or even prohibit adoptive parents from taking maternity leave.
Since there are no specific laws or requirements that cover adoption, it all depends on whether your company has policies in place that support adoptive parents getting maternity leave.
Know Your Maternity Paternity Adoption and Parental Leave Rights
As you’re gearing up for the beautiful journey of parenthood, understanding your rights can help you get the maternity leave you’re entitled to. Your attorney can help you understand your adoption leave rights so that you get the time off needed for the adoption. If you have any questions about the adoption process and maternity leave for adoptive parents, contact us online now to connect with an experienced adoption specialist.
