§ 9-9-105 — Employee leave for adoption - Definition

(a) As used in this section, "employer" means public and private employers, including state departments, agencies, and political subdivisions. (b) (1) An employer that permits paternity leave or maternity leave for a biological parent after the birth of a child shall permit paternity or maternity leave for an adoptive parent upon placement of an adoptive child in the adoptive parent's home if requested by the adoptive parent. (2) If the employer has established a policy that provides leave time for a biological parent after the birth of a child, the same policy shall apply to an adoptive parent upon placement of an adoptive child in the adoptive parent's home. (3) A request for additional leave due to the placement and adoption of an ill child or a child with a disability shall be considered by the employer on the same basis as comparable cases of complications accompanying the birth of a child to an employee or employee's spouse. (c) Any other benefit provided by an employer, such as job guarantee or pay guarantee, shall be available to both biological parents and adoptive parents equally. (d) An employer shall not penalize an employee for exercising his or her rights under this section. (e) This section does not apply to an adoption: (1) By the spouse of a custodial parent; (2) Of a person over eighteen (18) years of age; or (3) Of a foster child by the child's foster parents.

Legislative History

Acts 2011, No. 1235, § 2