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On March 1, 2005, Senator Ben Nelson (NE) introducted SB 487, an act that would provide 21 days adoption leave for members of the military who are adopting a child. In the event of a couple who are both on active duty, the leave would be allowed for one parent. The bill has been referred to the Committee on Armed Services.
For more on adoption benefits and considerations for military families, please visist our [URL=http://military.adoption.com]Military Adoption[/URL] pages.
The text of the proposed bill follows:
IN THE SENATE OF THE UNITED STATES
March 1, 2005
Mr. NELSON of Nebraska (for himself, Mr. SMITH, Ms.
LANDRIEU, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Armed Services
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A BILL
To amend title 10, United States Code, to provide leave for members of the Armed Forces in connection with adoptions of children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES ADOPTING CHILDREN.
(a) AUTHORITY- Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(i)(1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces adopting a child in a qualifying child adoption is entitled to 21 days of leave to be used in connection with the adoption.
`(2) For the purpose of this subsection, an adoption of a child by a member is a qualifying child adoption if the member is eligible for reimbursement of qualified adoption expenses for such adoption under section 1052 of this title.
`(3) In the event that two members of the armed forces who are spouses of each other adopt a child in a qualifying child adoption, only one such member shall be entitled to leave under this subsection. Such members shall elect which such member shall be entitled to such leave.
`(4) Leave under paragraph (1) is in addition to other leave provided under other provisions of this section.'.
(b) EFFECTIVE DATE- Subsection (i) of section 701 of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2005.
Last update on April 27, 2:42 pm by Miriam Gwilliam.
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I think its a great idea, in theory. Having been married to a active duty Marine, I know that having leave available and being able to take it are two entirely different things!
My only concern about the bill, as it reads, is the lack of verbiage related to the significance of the leave. For example: A military member who is deployed is not usually granted leave for the birth of a child. Deployments (in the Marines, even basic exercises are considered deployments) take place fairly often and if the military member is deployed, the usual approval for leave doesnҒt apply. In most instances, the only way a military member can obtain approval for leave is if a family member passes away or there is documented proof of medical need.
I guess that about covers itthis leave, will it be considered the same as the leave for giving birth? If so, then I don't think itŒs enough! With the military you have to be very specificso while offering it is awesome, actually having the ability to use it would be even better!
As it reads, it will be very helpful to those military members who are adopting and are not on an active deployment rotation!
Thanks for the topic Nancy!
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It might be possible to take leave after the deployment. Active Duty usually get atleast a few days of leave after they return. It will be wonderful for those who do not deploy alot. My husband is A.D. Air Force. He has been fortunate not to deploy a whole lot. When we picked up our son, he took 3 days of leave over the weekend and it was straight back to work. It would have been nice to have that bonding time. Our friend just had their baby and he got a week of leave.
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Being military, I think that is a wonderful idea that would allow time off to proceed with the adoption process. It is improtant because with the high rate of deployment for military members, you need to have that quality time if a deployment should pop up.
Way to take the lead NE.
Marsha :D
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My dh who just retired a year ago from the Corps never had any difficulty in obtaining leave when our children were born- in all but one case when he was deployed. upon his return stateside he was given his paternity leave on top of his regular leave time. Which ws the longest month of my life. With each pregnancy I was ready for him to go back to work after a week:)
I think this is great they they are doing this as an entitlement, but it really wont make too big of a difference because it really depends on the unit youre at. If the unit CO says no, then that means no and if you choose to fight it by requesting mast-- you just open up another can of worms and end up with an NJP.
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