The Family and Medical Leave Act (FMLA), allows for eligible employees to receive up to 12 workweeks of unpaid leave with group health benefits maintained and to return to the same or an equivalent position at the company they took leave from at the end of their FMLA leave. All public agencies and private sector employers with 50 or more employees for 20 workweeks or more of the current or preceding calendar year must comply. Eligible employees must work for a covered employer, have worked 1,250 hours in the preceding 12 month period, work at a place of business with a minimum of 50 employees within 75 miles of that location and have worked for the employer for 12 months. The 12 month period does not need to be consecutive months.
Under FMLA, an employee may request leave for the placement with the employee of a child for adoption or foster care and to bond with that child. We received the following questions about what documentation the employer can require to be shown for verification. Axcet HR Solutions Director of Human Resources Jeanette Coleman provides expert advice. Coleman holds a Masters in Human Resource Management, is SPHR and SHRM-SCP Certified and has been with Axcet for over 14 years.
Question: When an employee requests child bonding leave for an adoption, what documentation can the employer require for verification?
Answer: Under the federal Family and Medical Leave Act (FMLA), employers may not request a certification for leave to bond with a healthy newborn child or a child placed for adoption or foster care. However, employers may request documentation to confirm the family relationship.
An employee may satisfy this requirement by providing either a simple statement asserting that the requisite family relationship exists or other documentation such as a child’s birth certificate or a court document. It is the employee’s choice whether to provide a simple statement or other documentation.
Employers may not use a request for confirmation of a family relationship in a manner that interferes with an employee’s exercise or attempt to exercise his or her FMLA rights.
FMLA regulations—especially around child bonding leave—can be complex, but getting them right is essential for both compliance and employee satisfaction. Axcet HR Solutions provides expert guidance to help small and mid-sized businesses manage FMLA requests correctly, avoid costly errors, and support their teams through life’s important moments.
Learn more about Axcet’s HR Compliance Services and ensure your policies and practices align with federal requirements.
Written by
Jeanette Coleman, SPHR, SHRM-SCP, is the Director of Human Resources at Axcet HR Solutions, where she has contributed her expertise for over 21 years.
As a leader in the HR industry, she holds advanced certifications as a Senior Professional in Human Resources (SPHR) and SHRM-Senior Certified Professional (SHRM-SCP). Jeanette oversees HR strategy and operations, ensuring Axcet delivers exceptional HR services that help small and mid-sized businesses stay compliant and grow.
With a Master’s degree in Human Resource Management from Keller Graduate School and a Bachelor of Science in Business Administration from Kansas State University, Jeanette is well-equipped to lead and support clients in navigating complex HR challenges.
Throughout her 15-year tenure as Director of Human Resources, she has been instrumental in positioning Axcet as the Midwest’s largest and premier Professional Employer Organization (PEO). Her previous roles at Axcet include Director of Employee Benefits and Senior HR Consultant, where she gained extensive experience in HR outsourcing, payroll administration, and employee risk management.
Jeanette’s leadership reflects her deep commitment to helping businesses thrive through strategic, compliance-driven HR solutions. Through her writing, she shares insights on HR strategy, compliance, and best practices to help employers confidently manage their workforce.
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