Adoption Under One Roof

The U.S. Supreme Court has declined to hear a case appealed from the Fourth Circuit U.S. Court of Appeals that ruled in favor of protecting the rights of adoptive parents under the Family Medical Leave Act (FMLA). Bottom line – This is good news for adoptive families who plan to adopt internationally or out of foster care. You can read a detailed description of the facts here and the Fourth Circuit’s decision here.

Jim Dotson was a salesman for a pharmaceutical company called Pfizer. Dotson and his wife decided to adopt a child from Russia, which requires two trips. Dotson kept his employer apprised of his plans. Soon after Dotson returned from Russia with his adopted daughter, Aselya, he was fired.

The parties disagree as to the reason for the firing. According to Pfizer, Dotson gave the orphanage unauthorized samples of Zithromax (an antibiotic uses to treat infections), which violated company policy. However, two of the people involved in firing him knew about his plan to donate the samples, made no effort to stop him, and were not disciplined afterward for their inaction.

Dotson asserts that he was illegally fired for asserting his rights under the FMLA. Pfizer claimed that:

FMLA does not provide for the type of intermittent adoption-related leave that he took. ~ Dotson v. Pfizer