Certified Leave Management Specialist (CLMS) Certification Practice Test

If an employee does not provide 30 days notice for adoption travel, can the employer delay their initial visit?

1. Yes

2. No

3. Only if it affects business

4. Employer has complete discretion

The correct answer is: No

The scenario refers to the Family and Medical Leave Act (FMLA), which provides certain protections for employees, including the right to take leave for adoption purposes. While the law encourages giving advance notice of at least 30 days when foreseeable leave is needed, it also stipulates that an employee does not forfeit their rights under the FMLA simply for not providing such advance notice. If an employee does not provide the required notice, the employer cannot legally delay the employee's initial visit related to adoption travel. The employee is entitled to begin their leave as needed for the adoption process, regardless of the notice period, since the adoption process can often be unpredictable and time-sensitive. The law protects the employee's right to take leave, ensuring that they are not penalized for circumstances beyond their control. This ensures that the rights provided under the FMLA are upheld, fostering a supportive environment for employees during significant life events such as adoption.