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Help!!! My husband and I are bringing a child into our home who is currently in the foster care system. It is our full intention to adopt this child. My workplace offers a 2-week paid leave adoption benefit, but says that it can only be used upon "placement and finalization." Of course, in PA, placement and finalizaton don't happen at the same time. Finalization can't occur until the child has lived in the house for 6 months. I'm sure that the spirit of the policy is that the paid leave is available once the child is in the home to facilitate bonding and ease transition. But the HR "person" (I use this term loosely because she may not have a heart or brain) who is interpreting the policy says that I can't qualify for the time off until we have legal proof that the child is ours. Is there any legislation or other resources that I can point to to help persuade this person? Any help would be appreciated.
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Your HR person may be confusing the company's paid leave policy and unpaid leave which Federal Law requires they offer.
It may also depend on how big your company is. If 50 or more employees - your HR person is an idiot!
The Family Medical Leave Act (or FMLA) REQUIRES that you be allowed 12 weeks (unpaid) after placement (pre-adoptive or foster care).
There are a few other requirements: you must have been working for the company at least one year and for a minimum number of hours. See this link to the Department of Labor: [url=http://www.dol.gov/dol/topic/benefits-leave/fmla.htm]U.S. Department of Labor - Find It By Topic - Leave Benefits - FMLA[/url]
Good luck.