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P. 130

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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