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Challenge written by Adopting Parent: Can maternity leave be used for the adoption of a child?
We live in PA and we are being told that my wife is not eligible for paid maternity leave because we are adopting a child. The HR department says maternity leave only applies to the birth of a child. My contact in my HR department and our adoption agency is saying that maternity is defined as the “act of becoming a mother” and the state of PA and federal government do not distinguish between the birth and adoption of a child. Can someone give me somewhere to find information to prove this? Thanks.
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Best answer:
Answer by Ernest
My would they give her leave for that. By that logic I should be able to take a leave to go pick up someones trash they do not want. Which is what you are doing.
Answer by H******
If she did not give birth, she has no need for a postnatal recovery period
Answer by Susan
Research your state laws because from what I remember here in Ohio, my husband was allowed to take leave when we adopted our daughter. It’s not about recovering after birth – it’s about bonding with a child without interruptions. Do not let this go with your wife’s company because it sounds like they aren’t being totally truthful. If you’re already working with an adoption attorney, this would be a great question for them.
Answer by
Every set of maternity leave rules are different.
Answer by cricketlady
It probably depends on the state—here you can.
Answer by Candj315
In NY fathers can take a maternity leave… why shouldnt adoptive moms be able to… caring for a NEWBORN is the main reason for taking a maternity leave not the actual pregnancy/birth/healing… if that were the case it would just be a medical leave.
Answer by rat
I looked quickly and found mostly things like this:
http://blog.laborlawtalk.com/2006/11/17/pennsylvania-maternity-leave-laws/
That looks to me like PA is similar to my state.
Where I am, there is no state law requiring employers to provide paid maternity leave. That means that it’s up to individual companies if they want to offer a benefit or not. Most companies in my state do not offer maternity leave because pregnancy and recovery time after birth are covered as a short term disability. Should an employee want more time off than STD covers, they can take unpaid time off under the Family Medical Leave Act and their job will be safe for them to return to. That’s it. So where I work women need a doctor’s note saying they are too ill to be at work and they will receive up to eight weeks of 60% pay. I adopted, was not disabled, and took my time off as unpaid leave. I adopted older children who adjusted to school & our family very easily so I went back to work earlier than planned.
Can you get a copy in writing of your wife’s company’s maternity leave policy? That would be the place to start.
Answer by TerraMere
Federal Family Leave allows for federally protected leave for birth of a child and adoption of a child however it is not necessarily paid. Some states require some minimum payment during family leaves and in those states that do not, some companies choose to provide some period of payment even though it is not required. Federal law does however require that employees eligible for family leave be allowed to use any accrued vacation, sick pay or the like.
Answer by 愛莉 福井
Parental leave is an employee benefit that provides paid or unpaid time off work to care for a child or make arrangements for the child’s welfare. Often, the term parental leave includes maternity, paternity, and adoption leave. Often the minimum benefits are stipulated by law.
Answer by Cam
No, instead you would want to look into the FMLA:
http://en.wikipedia.org/wiki/Family_leave
As you can see it covers the adoption of a child.
Answer by it’s momo, b!tch
GIVE ME A BREAK.
She’s not giving birth. Guess what the word “maternity” means? It has NOTHING to do with adopting a child.
She does NOT need maternity leave because she is not the one that is pregnant and pushing a baby out of her vagina. GET OVER IT.
Answer by Erin L
TerraMae is right. Your wife’s company is probably required to allow leave, but it doesn’t have to be paid. When we adopted, the school district that I worked for gave 6 weeks leave for giving birth or adoption. It was not paid, though, although we were allowed to use sick days. Then I was able to take another 6 weeks off with FMLA because my daughter had a surgery, again not paid but allowed to use sick time. I ran out of sick days after 10 weeks, so I had 2 weeks that were unpaid. All in all it worked out well, and we NEEDED the time. And good lord, I can’t imagine a woman who has given birth and adjusted to a newborn is ready to go back to work after 6 weeks. Our country has such crappy laws for families.
Answer by jerrica
im not sure on where you can get information about it at but i presonally think that a person adopting a new born baby should get materity leave. best of luck!
Answer by Jillian
She has nothing physically to recover from so no, she should not get maternity leave. The only “act of becoming a mother” she did was sign a piece of paper.
Answer by Raven
Maternity leave was granted to women who give birth to children so they could heal. Your wife is adopting, she has no need to heal from that process so giving her maternity leave would be a total waste of resources for the company.
Unless your adopting a foster child in need of help during an adjustment period I don’t see why she needs time off…
Answer by Vanessa
Why should they? They haven’t given birth and don’t need to heal, which is why it is called MATERNITY leave… Unless they are delusional, as so many adopters are and feel that they actually give birth to the child they covet, therefore should take that for themselves too.
Answer by gnsmith1970
Wow. Now I really appreciate how lucky I am to live in the UK – with the entitlement to a year off work (6mths paid, 6mths unpaid) as maternity leave, whether it relates to a biological or adopted child. The government pays a statutory minimum and most companies choose to pay some more on top. Your laws sound harsh….
Answer by Yellow
It all depends on where you work’s benefits with time off.
Answer by scorpio_queen_2003
I live in UK and would get the same rights as a mother who gave birth- i mean,you still need to bond and get to know the child!!! And surely the child needs time too,i mean why adopt a child and stick it straight into childcare?
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