[marathonmom]

I'll start with a little background- Where I work women save sick days for maternity leave. Women who have given birth or adopted internationally are allowed to use 40 sick days for a paid maternity leave. After the 40 days it is unpaid.

Now my question- I am waiting for a placement- as far as I know it will be considered legal risk. When I receive my placement I will be able to take time off. Based on the background I described above does anyone know if I have any grounds to expect to be paid? I have far more than 40 sick dys to use.

Thanks

[hcg]

I think you'd need to check with your HR department. I know *my* company would let me use sick days for caring for a new placement if I'd needed to, but many wouldn't.

[karla-k]

from the US Dept of Labor website. From my understanding, you are entitled to the same leave as those giving birth or adopting. Up to 12 weeks of unpaid leave. If your HR allows other employees to use sick or vacation time, you should be allowed to also.

Keep in mind that the law only allows 12 weeks per year, so you cannot expect this for every child that is placed with you over the course of a year.

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

[hcg]

Also remember - you're referring to your company's policy of sick day usage which is *separate* from FMLA. FMLA allows for up to 12 weeks per year (rolling) but it is unpaid.

[mrstkg1]

I would caution someone from taking too much personal/sick time at work if it is at a premium for you. It sounds like the OP had plenty to take so it shouldn't be an issue. But I have known those in the past that took vacation or a couple weeks using paid time and the child was moved to family a couple of weeks later and they felt like they have wasted (not really wasted, but you know what I mean) that time that was so hard to save over time. Sometimes new foster parents will make this mistake and be very disappointed.

[Boulderbabe]

My university gives us a full semester off at full pay when we take a qualified placement of a foster child (meaning via a licensed agency). But we're really lucky. You should check with your HR dept.

[athikers]

Just a reminder that not ALL companies can/do offer FMLA. Smaller companies are not required to offer it.

[hkolln]

Only certain size companies allow FMLA. You'll have to contact your HR department. I was able to take 11 months back when our daughter came to live with us during summer 2007 however that was 11 months of NO pay. FMLA does not pay for you to be out...only way I could have been paid was to use my sick time or vacation time (which I did not use). And in fact my company makes you take 1 week of your own personal time (sick or vacation) before any of the other time kicks in (Short term disability (which is also maternity leave), FMLA, etc...)

[marathonmom]

Thanks for the info, I'll start with the HR office. Over the past 11 years I've saved 118 sick days so I don't think I'll run out. I just hope they'll let me use them.

[basimah]

Originally Posted by marathonmom

Thanks for the info, I'll start with the HR office. Over the past 11 years I've saved 118 sick days so I don't think I'll run out. I just hope they'll let me use them.

good grief!! that must be awesome to have a job you like so much. I have to take at least 1 mental health day monthly at mine...lol.

[marathonmom]

I teach first grade. I do love it but it is also much more work to not be there than to go in. Leaving sub plans stinks. I am sure I'll need more mental health days once I've received my placement (hopefully soon).