Can I ask an employee who is expecting an adopted child when she plans on taking leave and for how long?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I ask an employee who is expecting an adopted child when she plans on taking leave and for how long?

I have a 3 person company and my office manager is expecting an adopted child sometime relatively soon. Can I ask her what her anticipated departure date will be? How Long? And will she be returning to work? The business is a non-profit.

Asked on November 2, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, you can ask this, especially if she has already made you aware that she is going to be adopting (i.e. she's already brought it up).

Note that as a 3-person company, you are not subject to the Family and Medical Leave Act , and do not need to grant her up to 3 months of leave while holding her job for her; you are certainly free to do this, if  you like, but you are not required to. Therefore, if she leaves, under federal law, you do not have to hold a position for her or allow her to return. You do not indicate which state you are writing from; you also need to check your state law, since some states provide greater benefits than federal law does. Also, if you have an employment agreement with her governing maternity leave, you need to abide by the terms of that agreement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption