2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
201-C - Discrimination in child-care leave prohibited.

 
    § 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.