Right to Leave for Adoption

Can My Employer deny my request for leave to adopt a child?

        No, if you request a leave for the purpose of adopting a child, this leave will be covered under the Family Medical Leave Act.  In order to qualify for FMLA leave, your employer must have more than 50 employees, you must have worked for your employer for 12 months, and you must have worked 1,250 hours in the previous 12 months.  Provided that these requirements are met and you have given your employer proper notice (usually 30 days, if that is possible), then you will be eligible for up to 12 weeks of FMLA leave upon the placement of your adoptive child.  Upon your return from leave, the FMLA requires that your employer return you to the same position or an equivalent position with similar benefits, working conditions and the same pay.  The FMLA fact sheet provides additional information on the requirements and limitations of taking leave under the Family Medical Leave Act.

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