New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-2 - Eligibility
Section 380-2.2 - Leave for birth, adoption, or foster care

(a) An employee may take family leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or the doctor(s) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.

(b) An employee's entitlement to family leave for a birth expires at the end of the consecutive 52-week period beginning on the date of the birth, and an employee's entitlement to family leave for adoption or foster care expires at the end of the consecutive 52-week period beginning on the date of the placement or first day of leave taken under subdivision (a) of this section.

(c) An eligible employee may opt to receive disability and family leave benefits during the post-partum period but may not receive both benefits at the same time.