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Agencies may, in their discretion, approve other arrangements for shared
leave including concurrent leave and may, as a matter of discretion, extend
leave for childcare beyond the mandatory seven months. Furthermore, while
one parent is absent on leave for childcare, 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 childcare 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
Childcare Leave for Adoptive Parents
This memorandum extends entitlement to leave without pay for childcare
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 State employees, regardless of gender, are entitled to a
maximum of seven months of leave without pay for childcare 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
purpose starting at any time from the date the adoptive child is placed with
the family to the effective date of the adoption.*
*See Administrative Services Contract, Article 10.15
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