From foster care to adoption – only one drink from the FMLA well for bonding

Before initial placement

Employees may take the FMLA leave before the actual placement or adoption of a child if they need time off from work for the placement for adoption or foster care to proceed. The employee might, for example, need to:

• Attend counseling sessions,
• Appear in court,
• Consult with their attorney or the doctor(s) representing the birth parent,
• Submit to a physical examination, or
• Travel to another country to complete an adoption.

The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.

After placement and limitations

After employees go through the process and have the child, they may then take more FMLA leave to bond with the child. Employees must take the bonding leave within 12 months of the date of placement.

If, however, an employee takes FMLA leave to bond with a foster child, and later adopts the child, the employee would still be entitled to FMLA leave to go through the necessary steps for the subsequent adoption to take place.

The employee would not, however, get more FMLA to bond with the child after the adoption. Employees may not double dip into the FMLA well for bonding with a particular child.

Key to remember: Employees who take FMLA leave to bond with a foster child don’t get more FMLA leave to bond with that child if they choose to adopt the child later.