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  • Bonding Leave - New York

    Does New York have a Bonding Leave?

  • #2
    Not beyond the limits of the Federal FMLA. NY does have laws about adoption leave, however, if that applies.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Agree, not beyond federal FMLA though, of course, an employer can always allow it even if FMLA doesn't apply.

      The adoption law requires that an employee adopting a child can't be treated differently than an employee giving birth to a child.
      Last edited by Betty3; 03-25-2010, 04:51 PM.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Betty3...any chance you have a cite/link regarding the adoption law that you are speaking of? I was looking for something on adoption vs pregnancy (outside of FMLA) a little while ago and I didn't find anywhere where there were laws that they had to be treated the same. Is this just a NY state law? I am very curious as to what you are referencing.

        Comment


        • #5
          New York Labor Law Section 201-c - Discrimination In Child-care Leave Prohibited.


          ยง 201-c. Discrimination in child-care leave prohibited. 1. Whenever an
          employer or governmental agency permits an employee to take a leave of
          absence upon the birth of such employee's child, an adoptive parent,
          following the commencement of the parent-child relationship, shall be
          entitled to the same leave and upon the same terms; provided, however,
          that the adoptive parent shall not be entitled to such equal child care
          leave, or any portion thereof, at any time after the adoptive child
          reaches the minimum age set forth in subdivision one of section three
          thousand two hundred two of the education law for attendance in public
          school without the payment of tuition. With respect to the adoption of a
          hard-to-place or handicapped child as defined in section four hundred
          fifty-one of the social services law who is under the age of eighteen,
          an adoptive parent, following commencement of the parent-child
          relationship, shall be entitled to such leave of absence.
          2. For purposes of this section, "commencement of the parent-child
          relationship" shall mean:
          a. When the adoption occurs under sponsorship of an authorized agency,
          as defined in subdivision ten of section three hundred seventy-one of
          the social services law, the date the child is placed by the authorized
          agency in the home of the adoptive parents pursuant to section three
          hundred eighty-four of the social services law.
          b. When the adoption occurs without the sponsorship of an authorized
          agency, the date a petition for the adoption of a child residing with
          the adoptive parents is filed in a court.
          3. In addition to any other penalties or actions otherwise applicable
          pursuant to this chapter, whenever an employer or governmental agency
          has refused to extend available child-care leave to an adoptive parent
          in violation of this section, an aggrieved individual may commence an
          action for equitable relief and damages. In all actions brought pursuant
          to this section, reasonable attorney's fees, as determined by the
          court, shall be awarded to the prevailing plaintiff.


          Last modified: July 31, 2006

          PS - it was the NY law cbg mentioned.
          Last edited by Betty3; 03-25-2010, 06:17 PM. Reason: add PS
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Thanks Betty! I didn't think it was any federal law, but wanted to be sure.

            Comment


            • #7
              You're welcome - yea, it was NY.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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