Getting time off work for travel

As I understand it, the FMLA is not that specific. It simply allows eligible employees of covered employers to take unpaid, job-protected leave for up to 12 weeks in a 12 month period, for any one of a number of reasons, one of which is for the placement with the employee of a child for adoption or foster care and for the care for the newly placed child within one year of placement. Group health insurance is covered with the same provisions that would have been in effect had the employee been at work. In short, you generally can take leave, if you are eligible, for anything related to the adoption and the care of your new child. Most employers won't say, "You can't count the days you are in the aircraft flying to the country," or "You can't count the days you are required to be present in the country before the child is placed into your arms." They could try, I suppose, but I doubt it would stand up on appeal. Everyone knows that there are hoops that people have to jump through, to complete an adoption and, especially, an intercountry adoption. Even though I had not been at my job for the required 12 months, my employer granted me 6 weeks of unpaid leave under FMLA terms, and didn't ask for any accounting of what I would be doing on what day. In fact, I used about two weeks for the actual trip to China and the rest for bonding with my daughter, dealing with her minor illnesses (and my own), getting over jet lag, getting her ready for day care, buying things she needed, introducing her to relatives and friends, etc. Sharon

here is a link to the website for FMLA. My understanding reading this is you can take the leave for placement of a child. "(1) Employees may take FMLA leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her 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" [url=http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.3.53&idno=29#29:3.1.1.3.53.1.479.19]Electronic Code of Federal Regulations:[/url]

That depends on the condition the FMLA will give to you. You have to inquire about this matter before traveling.

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