Kentucky expands leave entitlement for adoptive parents

Kentucky has enacted legislation (House Bill 210) that amends and expands a state law that requires employers to provide leave to employees who adopt a child.

Effective Date:

House Bill 210 becomes effective 90 days after the adjournment of the state legislature. The legislature is expected to adjourn on or about March 30, 2021, which would establish an effective date on or about June 29, 2021.

Background:

Under existing law, upon written request, all employers in Kentucky must provide at least six weeks of leave to employees who adopt a child under the age of seven.

House Bill 210:

Under House Bill 210:

• The leave requirement is expanded to apply to an adopted child under the age of 10.
• If the employer has a policy that provides more than six weeks of leave for birth parents, the employer must provide the same amount of leave for adoptive parents.
• If the employer provides paid leave or any other benefits to employees who are birth parents following the birth of a child, the employer must also provide the same type, amount, and duration of paid leave and other benefits to employees following the adoption of a child.
• The leave requirement doesn't apply to an adoption by fictive kin (a kinship based on social agreements) or certain relatives or foster parents who adopt a foster child who is already in their care. See the text of the law for details.

Compliance Recommendations:

Kentucky employers should review their policies and practices and ensure compliance with House Bill 210 by the effective date. Please contact your dedicated service professional with any questions.