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Adoption under FMLA or not? Indiana

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  • Adoption under FMLA or not? Indiana

    My wife and I are traveling to China soon to adopt a baby. We will spend 2 weeks in China before bringing her home. My wife is taking FMLA leave for 12 weeks in order to bond with the baby, but I'll have to return to work immediately because we cannot afford to both be unpaid for 12 weeks. I have 2 weeks of Paid Time Off, and I plan on taking the 2 weeks off plus 1 shift in case of any unforeseen problems arise (I work 13 hr shifts 3 days a week). I know that the company has a policy that employees cannot arrange time off without available PTO. I have talked to the HR person and she has been very open to the plan and helpful, and said that it would be no problem at all. When I asked about FMLA for myself, she said that it wouldn't be necessary since most of it would be paid under PTO and only 1 day would not. She said I just need to take a leave of absence. Does this sound right? Knowing that the company has been on a firing binge, should I take FMLA leave anyway, or just trust what she tells me?

  • #2
    I don't know your HR person and don't know how trustworthy she is, so I can't advise you there.

    I can tell you that (a) adoption is covered under FMLA (2) if the time is attributable to FMLA they cannot require that you have PTO time available to cover it (although they can legally require that you use any paid time that is available as part of your FMLA) and (c) if the employer, the employee and the situation all are covered under FMLA and the employer knows it, the employer is required to provide FMLA protections whether you apply for FMLA or not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Just to verify, do you & your wife work for the same company? If so, if a husband
      & wife work for the same employer, the employer can limit FMLA to a combined 12
      weeks for the arrival of a new child.

      Enjoy the new little addition coming into your family.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        I would complete the forms and turn them in to HR, even for 1 day.


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