2017 Arkansas Code
Title 9 - Family Law
Subtitle 2 - Domestic Relations
Chapter 9 - Adoption
Subchapter 1 - General Provisions
§ 9-9-105. Employee leave for adoption -- Definition

Universal Citation: AR Code § 9-9-105 (2017)
  • (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.
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