Seeking adoptive parents' rights: Utah lawmaker proposes uniform sick leave for school district workers

SALT LAKE CITY — A mother of an adopted child should be allowed the same rights as a mother who gives birth.

So says Rep. Janice Fisher, D-West Valley City, who is working on a bill that would require school districts to allow teachers and other employees to use sick days whether they are adopting a child or giving birth.

"There should be no difference," Fisher said.

School district policies statewide vary greatly on sick leave for employees who are adoptive parents, ranging from zero to 20 days allowed.

Fisher would like to see a more uniform approach and is working out a proposed number of days in her bill, HB390 . "We're trying to bring some consistency," she said.

Adoption attorney Larry Jenkins, of Wood Crapo LLC in Salt Lake City, said he believes the bill's general concept is good.

"While parents who are adopting a new child don't have to recover from giving birth, they do have to deal with having a new baby in their home and everything that goes with that," Jenkins said. "It's almost as much of an adjustment for adoptive parents as it is for new parents; they just don't have the medical recovery."

Carol Lear, attorney for the Utah State Office of Education, said the concept of the bill "sounds pretty even-handed."

The Family and Medical Leave Act allows employees to take off up to 12 weeks of unpaid leave in any 12-month period for the birth or adoption of a child.

Besides FMLA leave, Murray School District allows employees who are adopting a child to have five days of paid "adoption leave" but no sick leave.

"Technically, the adoptive parent isn't sick. For a woman who has given childbirth, there is a needed healing time," said Denise McDougal, Murray District human resources administrative assistant.

Two Murray District teachers who adopted children recently emphasize their district was extremely supportive with their need for time off to take care of adoption responsibilities and they have no complaints.

However, the educators agree HB390 has a good point in that adoptive moms need time to get their new children settled.

"I just don't see the difference between bringing home a child that you have given birth to and bringing home a child you haven't. The adopted child needs just as much time to settle, if not more," says Jodi Butler, who teaches English and journalism at Murray High School.

Butler has two adopted sons from Russia: Jacob, 8, and Josh, 6. She adopted the boys when they were 4 and 2. She also has a biological son, Ben, 3.

"It was much more work to bring home these little adopted guys," Butler said. "They were older. They were scared."

The boys didn't know English so Butler had to get an interpreter. The kids had lived in an orphanage and weren't used to a house. It took months to get the boys settled, she said.