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What Documentation Can An Employer Require For Adoption Maternity Leave?

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According to the Family and Medical Leave Act (FMLA), employers are not permitted to request any medical certificates from an employee requesting maternity leave for adoption. Through the Family and Medical Leave Act (FMLA), parents are allowed time off to bond with a child placed for foster care or adoption, as there is no medical element to this type of leave.

However, when it comes to maternity leave for adoption, employers are allowed to request documentation showing proof of the relationship in question as long as it does not interfere with the employee’s ability to utilize their FMLA rights. Further, it’s essential also to understand your state’s law regarding family leave, as FMLA does not replace that.

The type of documentation the employee can provide for maternity leave for adoption can be a simple statement showing that the family relationship exists, a court document proving the adoption record, or a valid ID confirming a child’s adoption. The leave can also cover other activities relating to the adoption, such as counseling sessions and appearances in court. Regardless of how the maternity leave for adoption is used, the leave must be taken within one year of adoption or placement date of the child.