{"id":351590,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/same-sex-adoption-and-maternity-leave.html"},"modified":"2023-07-19T18:45:47","modified_gmt":"2023-07-19T23:45:47","slug":"same-sex-adoption-and-maternity-leave","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/same-sex-adoption-and-maternity-leave.html","title":{"rendered":"Same-Sex Adoption and Family Leave"},"content":{"rendered":"\n
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Same-Sex Adoption and Family Leave<\/h1>\n
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\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Family leave is an importion employee benefit.  The federal Family Medical Leave Act (FMLA) provides job protection to employees who need time away from work to care for their families.  Same-sex couples can use FMLA to care for a newly adopted child.<\/p>\n\n <\/div>\n\n

Whether you’re an adoptive parent or a parent with a biological child or a child conceived via surrogacy, the Act allows you to leave work and return to the same job. You don’t get compensation during the period of leave.<\/p>\r\n

Federal leave law applies equally to opposite-sex and same-sex parents. The federal leave law includes those who perform the duties of a parent<\/a> without biological or marital ties. But state laws vary on maternity\/paternity leave coverage<\/a> for unmarried same-sex couples in contrast to married couples. For instance, you do not have to be married in New York. In Delaware, you must be married.<\/p>\r\n

Family leave is just another area of law for gay and lesbian couples to pay attention to. This article provides an overview of same-sex adoption and family leave law<\/a>.<\/p>\r\n

The Family Medical Leave Act (FMLA) at a Glance<\/h2>\r\n

The FMLA<\/a> provides several benefits, including parental leave for new parents to care for an adopted child. The FMLA applies to all public agencies, including state, local, and federal employers, local education agencies, and schools. It also applies to all private sector employers with 50 or more employees in 20 work weeks in the current or preceding calendar year, including joint employers and successors of covered employers.<\/p>\r\n

Employee Eligibility for FMLA<\/h2>\r\n

Your employer may deny your request if you don’t qualify for FMLA. To be eligible for FMLA leave<\/a>, you must work for an employer that is covered and:<\/p>\r\n