§ 201-c. Discrimination in child-care leave prohibited.
1.Whenever an\nemployer or governmental agency permits an employee to take a leave of\nabsence upon the birth of such employee's child, an adoptive parent,\nfollowing the commencement of the parent-child relationship, shall be\nentitled to the same leave and upon the same terms; provided, however,\nthat the adoptive parent shall not be entitled to such equal child care\nleave, or any portion thereof, at any time after the adoptive child\nreaches the minimum age set forth in subdivision one of section three\nthousand two hundred two of the education law for attendance in public\nschool without the payment of tuition. With respect to the adoption of a\nhard-to-place or handicapped child as defined in section four hundred\nfifty-one o
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§ 201-c. Discrimination in child-care leave prohibited. 1. Whenever an\nemployer or governmental agency permits an employee to take a leave of\nabsence upon the birth of such employee's child, an adoptive parent,\nfollowing the commencement of the parent-child relationship, shall be\nentitled to the same leave and upon the same terms; provided, however,\nthat the adoptive parent shall not be entitled to such equal child care\nleave, or any portion thereof, at any time after the adoptive child\nreaches the minimum age set forth in subdivision one of section three\nthousand two hundred two of the education law for attendance in public\nschool without the payment of tuition. With respect to the adoption of a\nhard-to-place or handicapped child as defined in section four hundred\nfifty-one of the social services law who is under the age of eighteen,\nan adoptive parent, following commencement of the parent-child\nrelationship, shall be entitled to such leave of absence.\n 2. For purposes of this section, "commencement of the parent-child\nrelationship" shall mean:\n a. When the adoption occurs under sponsorship of an authorized agency,\nas defined in subdivision ten of section three hundred seventy-one of\nthe social services law, the date the child is placed by the authorized\nagency in the home of the adoptive parents pursuant to section three\nhundred eighty-four of the social services law.\n b. When the adoption occurs without the sponsorship of an authorized\nagency, the date a petition for the adoption of a child residing with\nthe adoptive parents is filed in a court.\n 3. In addition to any other penalties or actions otherwise applicable\npursuant to this chapter, whenever an employer or governmental agency\nhas refused to extend available child-care leave to an adoptive parent\nin violation of this section, an aggrieved individual may commence an\naction for equitable relief and damages. In all actions brought pursuant\nto this section, reasonable attorney's fees, as determined by the\ncourt, shall be awarded to the prevailing plaintiff.\n