N.Y. Labor Law 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 § 3202 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 § 451 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.
Terms Used In N.Y. Labor Law 201-C
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Plaintiff: The person who files the complaint in a civil lawsuit.
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 § 371 of the social services law, the date the child is placed by the authorized agency in the home of the adoptive parents pursuant to § 384 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.