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Must small employers grant FMLA leave when an employee adopts a child?

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in FMLA Guidelines,HR Management,Human Resources

Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

A. Yes. Because of the size of your workforce and her length of service with your company, this employee does not qualify for leave under the federal FMLA. The FMLA applies to employers with 50 or more employees.

However, the Minnesota Parental Leave Act (MPLA) requires employers with 21 or more employees to grant a minimum of six weeks of unpaid leave at the birth or adoption of an employee’s child.

This leave must be made available to parents (both men and women) who have been employed for at least 12 consecutive months for the employer and who have worked at least half of the employer’s full-time equivalent for the prior 12 months.

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