FAQs about Adoption Maternity Leave in New York Adoptions

The adoption process in New York can feel so involved that you’re hardly thinking about what comes after. When the adoptee arrives in his or her new home, it’s the start of a brand new life. Adoptive parents have been waiting for this moment for a long time. The adoptee feels like one of their own already, and they are so excited to be a family together. Luckily, the time to bond and adjust as a family is protected by the Family Medical Leave Act (FMLA), wherein adoptive parents can take adoption maternity or parental leave. 

At Adoption Choices of New York, we are happy to help adoptive families through the process of figuring out what kind of leave they are entitled to after they meet their child.

• What is adoption maternity leave?

When someone adopts a child, the adoptive family may be eligible for adoption, maternity, or parental leave, just as they would if they had had a child traditionally. Even though the adoptive family did not go through labor, the adoptee deserves time to bond and be cared for by their adoptive parents. In New York adoptions, adoptive mothers are eligible for maternity leave that must be completed in the first year after the adoption takes place. 

People who are eligible for parental leave will not be punished for taking the leave they are entitled to. An adoptive parent’s job will be protected, and they have the right to return to work after taking parental leave.

• Who gets adoption maternity leave?

Adoptive mothers will be eligible for adoption maternity leave through their employer after an adoption is completed through a private adoption agency. Adoptive mothers become eligible for leave through their employer after 12 months of work.

• Who gets parental leave in an LGBTQ+ adoptive family?

Parents of any gender are eligible for parental leave in the New York adoption process. Either parent may be able to take leave before the child is in their care, so they might prepare for the arrival of the adoptee. 

• How long is adoption maternity leave?

In New York adoptions, maternity leave is up to 12 weeks as of 2021. 

• Do birth mothers receive maternity leave?

Birth mothers can still take maternity leave, even if they are not raising a child. They may receive maternity leave from recovering from the many mental and physical stresses of pregnancy, including labor, the adoption process, and the last nine months of pregnancy. 

• How is adoption maternity leave different from non-adoptive maternity leave?

Maternity leaves are no different from one another, aside from the fact that one mother gave birth and another did not. Maternity leave is important for adoptive families, to help the adoptee adjust and bond with their child. 

• Is maternity leave paid?

Not all maternity leave is paid. This depends on what your employer will give. The Family Medical Leave Act provides unpaid leave, but your employer may provide paid adoption maternity leave. 

• What are the benefits of paid maternity leave?

When maternity leave is paid, it offers a huge benefit to the adoptive parents and the adoptee. Paid maternity leave helps the adoptive parents afford as much time as they need with their child, settling into their new life together. It also helps the child stay healthy. Through extended paid maternity leave, adoptive parents have more time to keep up with their child’s check-ups and immunizations. 

Know Your Rights About Adoption Maternity Leave in New York

Adoptive parents need to know what kind of leave they are entitled to in New York. Adoptive parents should never get in trouble with their employer for taking parental leave. This means that after returning to work, hours and pay won’t be cut, roles won’t be demoted, and so on. Adoptive parents deserve the time to bond and care for their child as such a vital time in their life. It’s a benefit to everybody — especially the adoptee. At Adoption Choices of New York, we will help adoptive parents and birth mothers understand the leave they are entitled to. Our support doesn’t end after the adoption is finalized. 

Adoption Choices of New York is available to assist with your adoption plan. Call us, text us, email us; we are here for you!
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Meet the Author: Tara Giuffre has always loved reading and writing and grew up in the worlds of Narnia, Harry Potter, and A Series of Unfortunate Events. Taking this passion for stories, she received a degree from Rutgers University in Journalism & Media. Besides writing, she likes long walks on the beach, spending time with her family (and her cat, Sansa), and baking the perfect loaf of bread. 

She enjoys sharing vital information about adoption and birth mothers choosing adoption to families making important choices for their future family!