Yes. Employers who are covered by the Family and Medical Leave Act (FMLA) are required to grant leave to employees who are seeking adoption and who must be absent from work prior to an adoption. Examples cited in the regulations include time away from work to attend counseling sessions, appear in court, consult with attorneys or doctors representing the birth parent or submit to a physical examination. Additionally, the regulations note that the source of the adopted child is not a factor in determining leave for this purpose. That means that it doesn’t matter if the adoption is taking place from a licensed placement agency or otherwise; so long as there is an adoption in process, the employer cannot deny the employee leave because of the source for adoption.

FMLA is the federal law that grants leave to the employees of covered employers. However, some states have enacted their own family, medical and parental leave laws. To read more, see the relevant section of the FMLA regulation 825.121 . For state resources, see the Department of Labor Web site.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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