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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 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

purpose starting at any time from the date the adoptive child is placed with

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