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and not to extend beyond seven months from the date of delivery.

Agencies may, in their discretion, approve other arrangements for shared

leave including concurrent leave and may, as a matter of discretion, extend
leave for child care beyond the mandatory seven months. Furthermore,

while one parent is absent on leave for child care, agencies continue to have
the discretion to approve requests from the other parent for periods of

vacation or personal leave, and for family sick leave in accordance with
Sections 21.3(f) and 28.3(f) of the Attendance Rules.

Temporary, provisional and probationary employees without any
permanent status are entitled to leave with full pay and/or without pay as

described above. However, these employees are not eligible for sick leave
at half-pay nor are they entitled to leave beyond that date when their

employment would otherwise terminate (e.g., temporary item abolished,
permanent incumbent restored to item, certification of eligible lists, etc.). In

general, the State’s policy on leave for pregnancy, childbirth and child care
shall not be construed to require extension of any employment (permanent,

permanent contingent, temporary, or provisional) beyond the time it would
otherwise terminate.

DATED: January 28, 1982

Appendix II
Child Care Leave for Adoptive Parents

This memorandum extends entitlement to leave without pay for child care
to adoptive parents in the same manner and to the same extent that such

leave is available to birth parents. This memorandum applies to all eligible

State employees, except that where an Agreement between the State and an
employee organization entered into pursuant to Article 14 of the Civil
Service Law (the Taylor Law) provides for a different leave benefit, the

provisions of the Agreement shall control. However, nothing in the

Agreements precludes appointing authorities from extending the benefits
provided by this policy on a discretionary basis.

State employees, regardless of gender, are entitled to a maximum of seven
months of leave without pay for child care in connection with the

adoption of a child in accordance with the provisions of Article 7 of the
Domestic Relations Law. Entitlement to such leave without pay shall be

for a period of up to seven months. The employee may take leave for this

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