N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-4.4

Current through Register Vol. 46, No. 42, October 16, 2024

Section 380-4.4 - Proof of eligibility for leave taken to bond with a child

(a) A birth mother's claim for paid family leave to bond with a child must be supported by documentation in the form of:

(1) if available, a birth certificate; or

(2) if a birth certificate is unavailable, documentation of pregnancy or birth from a health care provider that includes the mother's name and the child's due or birth date.

(b) A parent's (other than a birth mother) claim for paid family leave to bond with a child must be supported by documentation in the form of:

(1) if available, a birth certificate;

(2) if no birth certificate is available, a voluntary acknowledgment of paternity or court order of filiation;

(3) if the documents in paragraphs (1) and (2) of this subdivision are not available, then the employee must provide:

(i) a copy of documentation of pregnancy or birth from a health care provider that includes the mother's name and the child's due or birth date (see paragraph [a][2] of this section); and

(ii) a second document verifying the parent's relationship with the birth mother or child (i.e., marriage certificate, civil union documents, or domestic partner documents);

(4) if the documents in subparagraph (3)(iii) of this subdivision are not available, a parent may submit other documentary evidence of parental relationship for evaluation on a case-by-case basis. The chair may update the list of acceptable documentation.

(c) An adoptive parent's claim for paid family leave to bond with a child must be supported by documentation in the form of:

(1) a court document indicating that an adoption is in process or is being finalized; or

(2) when leave is taken prior to completion of the adoption, a document evidencing that the adoption process is underway, including but not limited to, a signed statement from an attorney, adoption agency, or adoption-related social service provider that the employee is in the process of adopting a child;

(3) if the second parent is not named in the document(s) in paragraph (1) or (2) of this subdivision, the employee must provide:

(i) a copy of the document evidencing the adoption; and

(ii) a second document verifying the relationship to the parent named in the document (i.e., marriage certificate, civil union documents, or domestic partnership documents).

(d) A foster parent's claim for paid family leave to bond with a child must be supported by documentation in the form of:

(1) a letter of placement issued by the county or city department of social services or local volunteer agency;

(2) if the employee is not named in the placement document, submit:

(i) a copy of the document evidencing the placement; and

(ii) a second document verifying the relationship to the parent named in the document (i.e., marriage certificate, civil union documents, or domestic partnership documents).

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-4.4

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017