Adoption Guidelines - Human Resources Procedures

Also see: Office of Personnel Management (OPM) Adoption Benefits Guide for Federal Employees

Child-rearing Leave for Adoption

Can I take time off to be with my newly adopted child?

The Family and Medical Leave Act of 1993 provides for eligible employees to have up to twelve weeks of unpaid, job-protected leave for certain family and medical reasons. Included in this provision is the care of a child after an adoptive placement.

Under the provisions of Public Law 103-329, and 5 CFR 630, employees are permitted to use sick leave in connection with the adoption of a child. The granting of sick leave for adoption of a child includes: appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary in the adoption process. Application for reasons of adoption should be submitted in advance.

Travel Orders

When can the child be put on my orders?

An adopted child cannot be added to your orders until the adoption is finalized. To add the child to your orders, you must send a translated copy of the adoption papers, along with a copy of your residency and dependency report (OF126), to the Human Resources Office of your USG agency. (For instance, Department of State employees send this information to their Career Development Officer in HR.)

Can a layette shipment be requested?

The adoptive parent(s) can request a separate and distinct layette shipment no later than 60 days after the child has been adopted to be included in the travel orders. Airfreight shipment weight may not exceed 250 pounds gross. If post has determined suitable layettes are not available locally, request an amendment to your travel orders to include a layette shipment. The layette shipment can be authorized for a newly adopted child, infancy to 5 years of age.

What happens if we transfer before the adoption is final?

If the adoption is not finalized and you are due for transfer, the travel expense of the child will have to be carried by the prospective adoptive parent(s), or you can request a pay agreement whereby you agree to reimburse the government for the child’s travel.

Who pays for travel if the child is adopted from a third country?

If the child is born in and adopted in the host country, departure travel will be issued only after the child is officially included in the orders. If on the other hand, the child is born in a third country and is adopted from that country, travel orders can be issued for the child only to join the family members at post. Travel to pick-up and to return with the child to the residence of the family, if the family is at post, is at the expense of the adoptive family.

Health Insurance

Here are some things to consider.

• Make certain (in writing) that your health insurance company will cover the needs of your adopted child.
• Ask if policy will cover the pre-existing conditions of your adopted child.
• Verify if the health coverage will begin with placement or with the finalization of the adoption process.
• If coverage begins only at the time of finalization of the adoption, investigate if you can purchase an interim policy that covers the child from the time of placement.
• Check the “length of waiting period” necessary before coverage for the child is effective.
• Ask about the procedures and paperwork necessary to include the adopted child on your health care policy.
• Check when coverage under MED overseas begins and if the child is eligible for Medevac status.

Information provided by the Family Liaison Office, flo@state.gov
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