Legal Question in Medical Leave in Indiana

FMLA - paternity for adoption

My husband works for a company in Indiana, with over 50 employees. We are adopting internationally and he needs time off to travel for the adoption. His company is saying he is not covered on FMLA. What are the laws for paternity leave with adoption?


Asked on 8/01/08, 2:18 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: FMLA - paternity for adoption

Assuming that he meets the other eligibility requirements (more than 1 year fo employment, more than 1250 hours worked in the previous 12 months), he would be eligble to use FMLA leave to complete the adoption process. It may be worth while to talk with an attorney, if you remployer refuses to comply with the FMLA or subjects your husband to an advers employment action because of the adoption. If you have additioanl questions or concerns, you may contact me at [email protected] or the number in my profile.

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Answered on 8/02/08, 3:32 pm


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