An employee may use accrued or advanced sick leave for purposes necessary to allow the adoption of a child to proceed. "Necessary" generally means that the time off is sanctioned by the appropriate court or adoption agency.

An employee may begin using sick leave for these purposes on September 30, 1994. An employee who used annual leave between September 30, 1991 and September 30, 1994, may substitute available sick leave for annual leave.

Note:   Sick leave may not be substituted for leave without pay prior to September 30, 1994.

Sick leave for the care of an adopted child who becomes ill or requires medical examination or treatment (except examination or treatment that is part of the official adoption process) is subject to the requirements of family friendly leave and the Family and Medical Leave Act (FMLA).

Under FMLA, an employee may use up to 12 workweeks of leave without pay during a 12-month period (or at the employee's election substitute available paid time off) to care for an adopted child.

An employee caring for an adopted child who is experiencing a medical emergency may apply to receive annual leave donations under the voluntary leave transfer and/or leave bank programs, if the employee has exhausted available sick and annual leave and expects at least 24 hours of unpaid absence.

Example:   In 1995, an employee requests paid time off for the following 4 purposes--

• 80 hours to travel to a foreign country, complete necessary paperwork, obtain a court-ordered medical examination, and bring an adopted child back to the United States,



• 20 hours to attend court hearings and meet with court-ordered counselors,



• 88 hours to bond with the adopted child, and



• 24 hours to care for the adopted child during a period of illness.

The first two requests are documented by correspondence from the court. The court was not involved in the remaining two requests.

The employee's sick leave balance is over 500 hours. Prior to these requests, the employee used 104 hours of sick leave in 1995 to care for an elderly parent under family friendly leave.

Resolution:   The employee may use sick leave for the first 2 purposes, subject to sick leave balance availability. The employee may request annual leave or leave without pay for the period of bonding. The employee may not use additional sick leave in 1995 to care for the adopted child because the leave entitlement for the leave year under family friendly leave has been exhausted. However, the employee may request annual leave or leave without pay for this purpose.

Sick leave for adoption purposes will not be tracked in a separate payroll category. However, sick leave used under the provisions of the FMLA or family friendly leave will be tracked in separate payroll categories.

Law:   5 U.S.C. 6307

Regulation:   5 CFR part 630, subpart D