Government seeking introduction of adoption leave in private sector

For parents, seeking to adopt a child is not an easy process. Between the legal and social requirements, the full process can easily take up to a year, if not more.

Conceding that the whole process is exhausting, government is looking into a system that will make it easier for people to adopt children living in institutions by allowing their natural parents to remain in touch.

Moreover, government is also seeking to extend adoption leave - currently available in the public sector - to the private sector.

According to Family Minister Chris Said, starting from last January, public service employees can avail themselves of a period of 16 weeks adoption leave, which will be increased by a further two weeks as from 1 January 2013.

"We have also put forward a proposal for the introduction of adoption leave in the private sector," Said said. "This proposal is currently being discussed with the constituted bodies within the Employment Relations Board."

Government, Said said, was aware of the particular problems faced by persons who choose to adopt, and it was therefore considering measures to help adoptive parents.

Said added that it was only the maternity benefit that an adoptive mother didn't receive and insisted that the adoption process could in no way be compared to a pregnancy.

But the Opposition's spokeswoman for the family Justyne Caruana sees the matter in a different light.

In comments to MaltaToday, Caruana said that maternity leave serves to address three aspects: for the mother to recuperate her health, for the mother and child to bond and for the newly parents to adapt to their new life.

"Except for the first point, I see no difference between a birth mother and an adoptive one. If we believe that there is no legal difference in the status of an adopted child and a biological child, the same concept should be applied to adoptive parents who should be granted extended leave just like biological parents," Caruana said.

She explained that while part of maternity leave is given before the birth, adoption leave is only granted after the adoptive parent gains full custody of the child.

"Parents who are in the process of adopting need a lot of hours away from work in preparation for the adoption, especially in foreign adoptions. This is not covered by adoption leave and, most of the time, they end up taking unpaid leave," Caruana said, adding that adopting a child was in itself an expensive process.

"I believe that adoption leave should be extended to both before and after the adoption process is completed, most especially in cases of foreign adoption."

But if government is hoping that the private sector will fully endorse adoption leave, it might have to rethink its position.

In comments to MaltaToday, Joe Farrugia, the director-general of the Malta Employers' Association, said that like biological parents, MEA understands that persons who adopt children have needs that need to be respected.

"But as with maternity leave, we still believe that the cost should be carried by the State. Employers should not be burdened with what is essentially a social service," Farrugia said.

Asked whether it will be an easy task to convince the private sector to agree to adoption leave, Farrugia departs from the premise that adoptive parents' requirements should be given due consideration.

"There are not that many adoptions in Malta, and the approach should be that if biological parents are entitled to benefits related to having children, the requirements of people who adopt should also be given consideration," Farrugia said.

"However, it would be a mistake to equate adoption leave to maternity leave."

Farrugia insisted that the principle behind maternity leave is the health and safety of the mother, "which in the case of adopted children does not apply".

On the other hand, he concedes that adoptive parents may have other requirements which are different to those of biological parents, such as time to travel in cases where children are being adopted from abroad.

"We should go for equivalence, rather than identical benefits," he said.

Asked whether MEA would request for a shorter or longer adoption leave than that currently given by government, Farrugia once again drew comparisons with maternity leave.

"We have always cautioned the authorities about the impact of maternity leave on costs, competitiveness and also the possible negative of such cost implications on young women seeking employment," Farrugia said.

"The public sector can afford to be generous with the taxpayers' money, but the private sector has to turn to its clients for ultimate approval, and clients vote with their feet!"