Can I receive disability on maternity leave if I adopt a child?

Adoption is a fantastic option for parents unable or unwilling to conceive children of their own. While FMLA laws cover parental leave for adoption, short-term disability laws do not. State laws and employer policies differ from one state to the next, so it is best to contact your human resources department about maternity leave for adoption. In some cases, parents receive pay from work during many parts of the adoption process. 

Where is the adoption taking place?

Parents adopting outside the United States may miss more time from work than parents adopting locally. FMLA laws cover missing work for travel, both in the United States and outside the country, for adoption purposes. 

What meetings do I have to attend?

Legal meetings often take place Monday to Friday during normal working hours. This means missing work to meet with the lawyer and sign documents pertaining to the adoption. These meetings are covered under FMLA, in most cases. 

What are pay options for adoption while on maternity leave?

There are two pay options while taking maternity leave for adoption. The first is paid vacation time. Most employers will allow you to take some or all paid vacation during the 12 weeks allowed by FMLA.

The second option is sick pay. Laws and policies on using sick pay for maternity leave when adopting vary by state and employer. Contact the human resources or personnel department of your company to find out if the sick pay is applicable during maternity leave.

Does time off for meetings count as maternity leave?

It is important to remember that FMLA laws allow 12 weeks maternity leave for adoption. If all meetings and trips are planned on days off work, the time will start when the child comes into your home. If you have to take time off work during the adoption process, that time will be subtracted from the total 12 weeks allowed. 

Adoption is the only chance of parenthood for some parents, but short-term disability companies refuse to pay short-term disability benefits if the parent is not giving birth to a child. There are options, however, including vacation pay, sick pay, and FMLA. Some employers may be more supportive of adoption leave, so speak with your company’s personnel or human resource department for detailed information.