Adoptive Leave
Adoptive Leave Act
Interpretationn
2.—(1) In this Act, except where the context otherwise requires—
F1[‘accredited body’ means a body of persons whose name is entered in the register
of accredited bodies maintained under Part 13 of the Adoption Act 2010;]
“the Act of 1967” means the Redundancy Payments Act, 1967;
“the Act of 1977” means the Unfair Dismissals Act, 1977;
F1[‘adoption order’ means an adoption order within the meaning of section 3 (1) of
the Adoption Act 2010;]
F2[‘adoptive leave’ has, subject to subsection (2A), the meaning assigned to it by
section 6(1) or, as the case may be, section 9(1);]
F2[‘additional adoptive leave’ has, subject to subsection (2A), the meaning assigned
to it by section 8(1) or, as the case may be, section 10(1);]
“adopting father” means a male employee in whose care a child has been placed or
is to be placed with a view to the making of an adoption order, or to the effecting of
a foreign adoption or following any such adoption, where the adopting mother has
died;
“adopting mother” means a woman, including an employed adopting mother, in whose
care a child (of whom she is not the natural mother) has been placed or is to be placed
with a view to the making of an adoption order, or to the effecting of a foreign
adoption or following any such adoption;
“adopting parent” means employed adopting mother, adopting father or sole male
adopter;
“associated employer” shall be construed in accordance with section 19 (3);
F1[‘Authority’ has the meaning assigned to it by section 3 (1) of the Adoption Act
2010;]
“certificate of placement” has the meaning assigned to it by section 13;
“contract of employment” means, subject to subsection (2)—
(a) a contract of service or apprenticeship, or
(b) any other contract whereby an individual agrees with a person, who is carrying
on the business of an employment agency within the meaning of the
Employment Agency Act, 1971, and is acting in the course of that business,
to do or perform personally any work or service for another person (whether
or not that other person is a party to the contract),
whether the contract is express or implied and if express, whether it is oral or in
writing;
“day of placement” means—
(a) the day on which the child is placed physically in the care of the adopting
parent with a view to the making of an adoption order, or
(b) the day on which the child is placed physically in the care of the adopting
parent with a view to the effecting of a foreign adoption, or
PT. I S. 1 [No. 2.] Adoptive Leave Act 1995 [1995.]
(c) in the case of a foreign adoption, where the child has not previously been
placed in the care of the adopting parent, the day on which the child has
been so placed following the adoption;
“employed adopting mother” means a female employee in whose care a child (of
whom she is not the natural mother) has been placed or is to be placed with a view
to the making of an adoption order, or to the effecting of a foreign adoption or
following any such adoption;
“employee”, subject to subsection (2), means (except in Part IV) a person who has
entered into or works under (or, where the employment has ceased, entered into or
worked under) a contract of employment;
“employer”, subject to subsection (2), means, in relation to an employee, the person
with whom the employee has entered into, or for whom the employee works under
(or, where the employment has ceased, entered into or worked under) a contract of
employment;
F3[‘foreign adoption’ means an intercountry adoption effected outside the State
within the meaning of section 3(1) of the Adoption Act 2010;]
“health board” means a health board established pursuant to the Health Act, 1970;
“the Minister” means the F2[Minister for Justice, Equality and Law Reform];
F4[‘postponed leave’ has the meaning assigned to it by section 11C(2)(c);]
F5[“paternity leave” and “transferred paternity leave” have the same meanings as
they have in the Paternity Leave and Benefit Act 2016;]
“prescribed” means prescribed by order or regulation under this Act;
F6[…]
“sole male adopter” means a male employee who is not an adopting father within
the meaning of this Act and in whose sole care a child has been placed or is to be
placed with a view to the making of an adoption order, or to the effecting of a foreign
adoption or following any such adoption;
“the successor” has the meaning assigned to it by section 18;
“the Tribunal” means the Employment Appeals Tribunal.
(2) For the purposes of this Act—
(a) a person holding office under, or in the service of, the State (including a
member of the Garda Síochána or the Defence Forces) or otherwise as a civil
servant, within the meaning of the Civil Service Regulation Act, 1956, shall
be deemed to be an employee employed by the State or Government, as the
case may be, under a contract of service;
(b) an officer or servant of a local authority, for the purposes of the Local
Government Act, 1941, a harbour authority, a health board or F7[a member
of staff of an education and training board] shall be deemed to be an
employee employed by the authority F7[or board], as the case may be, under
a contract of service; and
(c) in relation to an employee whose contract of employment falls (or, where the
employment has ceased, fell) within paragraph (b) of the definition of
“contract of employment” in subsection (1), the person who is liable to pay
her wages shall be deemed to be her employer.
F8[(2A) In this Act, except where the context otherwise requires, references to a
period of adoptive leave or additional adoptive leave are references to—
PT. I S. 2 [No. 2.] Adoptive Leave Act 1995 [1995.]
(a) in case part of such leave is postponed under section 11C, the part already
taken or the part postponed, as appropriate, or
(b) in any other case, a continuous such period, whether or not so postponed.]
(3) In this Act, a reference to a Part or section is to a Part or section of this Act,
unless it is indicated that reference to some other enactment is intended.
(4) In this Act, a reference to a subsection or paragraph is to the subsection or
paragraph of the provision in which the reference occurs, unless it is indicated that
reference to some other provision is intended.
(5) In this Act, a reference to any enactment includes a reference to that enactment
as amended by any other enactment including this Act.
Annotations
Amendments:
F1 Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(i), S.I. No. 511 of 2010.
F2 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a), S.I. No. 724 of 2005.
F3 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(ii), S.I. No. 511 of 2010.
F4 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a)(iii), S.I. No. 724 of 2005.
F5 Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(a), S.I. No. 435 of
2016.
F6 Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(iii), S.I. No. 511 of 2010.
F7 Substituted (1.07.2013) by Education and Training Boards Act (11/2013), s. 72(1) and sch. 6 item
19, S.I. No. 211 of 2013.
F8 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(b), S.I. No. 724 of 2005.
F9 Inserted by Children and Family Relationships Act 2015 (9/2015), s. 177(a)(i), not commenced as
of date of revision.
F10 Substituted by Children and Family Relationships Act 2015 (9/2015),s. 177(a)(ii)-(iv), not commenced
as of date of revision.
F11 Inserted by Children and Family Relationships Act 2015 (9/2015), s. 177(b), not commenced as of
date of revision.
Modifications (not altering text):
C3 Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed
by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66.(1) (a) All functions that, immediately before the dissolution day, were vested in the
Employment Appeals Tribunal are transferred to the Commission in so far as they relate
to any claim for redress, dispute or complaint determined by the Employment Appeals
Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the Employment
Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals
determined by the Employment Appeals Tribunal under an employment enactment before
that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment
Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of
subsection (1) shall be construed as references to the Commission.
PT. I S. 2 [No. 2.] Adoptive Leave Act 1995 [1995.]
8
(b) References in any enactment or instrument under an enactment to the Employment Appeals
Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection
(1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.
C4 Prospective affecting provision: subs. (1) amended by insertion and substitution of definitions and
subs. (1A) inserted by Children and Family Relationships Act 2015 (9/2015), s. 177, not commenced
as of date of revision.
F9[‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act
2010;]
F9[‘Act of 2015’ means the Children and Family Relationships Act 2015;]
…
F10[‘adopting father’, subject to subsection (1A)(a) (inserted by section 177 of the Act of 2015),
means a male employee in whose care a child has been placed or is to be placed with a view to
the making of an adoption order, or to the effecting of a foreign adoption or following any such
adoption, where the adopting mother has died;]
F10[‘adopting mother’, subject to subsection (1A)(a) (inserted by section 177 of the Act of 2015),
means a woman, including an employed adopting mother, in whose care a child (of whom she is
not the natural mother) has been placed or is to be placed with a view to the making of an adoption
order, or to the effecting of a foreign adoption or following any such adoption;]
…
F9[‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010;]
…
F9[‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010;
‘cohabiting couple’ has the same meaning as it has in section 3(1) (amended by section 102 of the
Act of 2015) of the Adoption Act 2010;]
…
F10[‘employed adopting mother’, subject to subsection (1A)(a) (inserted by section 177 of the Act
of 2015), means a female employee in whose care a child (of whom she is not the natural mother)
has been placed or is to be placed with a view to the making of an adoption order, or to the
effecting of a foreign adoption or following any such adoption;]
…
F9[‘employed qualifying adopter’ means an employee who is a qualifying adopter in whose care a
child (being a child in respect of whom neither the qualifying adopter, nor the civil partner or
cohabitant of that qualifying adopter, is the natural mother) has been placed or is to be placed
with a view to the making of an adoption order, or to the effecting of a foreign adoption or
following any such adoption;]
…
F9[‘qualifying adopter’ shall be construed in accordance with subsection (1A)(b) (inserted by section
177 of the Act of 2015);]
…
F11[(1A) (a) In this Act—
(i) a reference to ‘adopting father’ shall be construed as including the civil partner or
cohabitant of the qualifying adopter where the civil partner or cohabitant, as the
case may be, is an employee in whose care a child has been placed or is to be placed
with a view to the making of an adoption order, or to the effecting of a foreign
adoption or following any such adoption, where the qualifying adopter has died,
(ii) a reference to ‘adopting mother’ shall be construed as including the qualifying adopter
in whose care a child (being a child in respect of whom neither the qualifying adopter,
nor the civil partner or cohabitant of that qualifying adopter, is the natural mother)
PT. I S. 2 [No. 2.] Adoptive Leave Act 1995 [1995.]
has been placed or is to be placed with a view to the making of an adoption order,
or to the effecting of a foreign adoption or following any such adoption, and
(iii) a reference to ‘employed adopting mother’ shall be construed as including an
employed qualifying adopter.
(b) For the purposes of this Act, where a couple are civil partners of each other or are a same
sex cohabiting couple and the couple are jointly adopting a child, or have jointly adopted
a child, the qualifying adopter is—
(i) where the couple are civil partners of each other, the civil partner chosen by that
couple to be that qualifying adopter, or
(ii) where the couple are a cohabiting couple, the cohabitant chosen by that couple to
be that qualifying adopter.]
Orders and regulations.
3.—(1) An order or regulation under this Act may contain such consequential,
supplementary and ancillary provisions as the Minister considers necessary or expedient.
(2) The Minister may by order amend or revoke an order under this Act, including
an order under this subsection.
(3) Where an order is proposed to be made under this Act, a draft of the order shall
be laid before both Houses of the Oireachtas and the order shall not be made until
a resolution approving of the draft has been passed by each such House.
(4) Before making an order or regulation under this Act, the Minister shall consult
such organisations or other bodies of persons representative of employers and such
organisations or other bodies of persons representative of trades unions or bodies
analogous to trades unions as the Minister considers appropriate.
(5) Subsections (1) to (4) do not apply to an order under section 1 (2).
(6) Every regulation made under this Act shall be laid before each House of the
Oireachtas as soon as practicable after it is made and, if a resolution annulling the
regulation is passed by either such House within the next 21 days on which the House
has sat after the regulation is laid before it, the regulation shall be annulled accordingly,
but without prejudice to the validity of anything previously done under the
regulation.
Voidance or modification of certain provisions in agreements.
4.—(1) In this section “agreement” means an agreement, whether a contract of
employment or not, and whether made before or after the commencement of this
Act.
(2) A provision in an agreement shall be void in so far as it purports to exclude or
limit the application of any provision of this Act or is inconsistent with any provision
of this Act.
(3) A provision in an agreement which is or becomes less favourable in relation to
an adopting parent than a similar or corresponding entitlement conferred on her by
this Act shall be deemed to be so modified as to be not less favourable to her.
(4) Nothing in this or any other enactment shall be construed as prohibiting the
inclusion in an agreement of a provision (subsequently referred to in this section as
“the additional provision”) in relation to adoption, in addition to those required by
this Act, the effect of which would be to render the agreement more favourable to
an adopting parent than it would be if it did not include the additional provision.
(5) The inclusion of the additional provision in an agreement shall not, by reason
of the fact that it applies to an adopting parent only, confer any right under this or
any other enactment on an employee who is not an adopting parent.
PT. I S. 2 [No. 2.] Adoptive Leave Act 1995 [1995.]
Entitlement to minimum period of adoptive leave.
6.—(1) Subject to this Part, an employed adopting mother (or sole male adopter)
shall be entitled to leave (to be known as ‘adoptive leave’) from the employee’s
employment.
(2) Adoptive leave shall begin on the date of placement and be for a minimum
period of 16 weeks.
(3) The minimum period may be extended by order made by the Minister with the
consent of the Minister for Social and Family Affairs and the Minister for Finance.]
Annotations
Amendments:
F12 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 3, S.I. No. 724 of 2005.
Modifications (not altering text):
C5 Functions transferred and references to “Department of Finance” and “Minister for Finance”
construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial
Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art.
1(2).
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder
and relating to the administration and business transferred by paragraph (1) shall, on and after
the commencement of this Order, be construed as references to the Department of Public Expenditure
and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and
relating to any functions transferred by this Order shall, from the commencement of this Order,
be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
PT. I S. 5 [No. 2.] Adoptive Leave Act 1995 [1995.]
11
Number and Year Short Title Provision
(1) (2) (3)
… … …
No. 2 of 1995 Adoptive Leave Act 1995 Sections 6 and 9(1)(c)
… … …
C6 Application of section affected (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of
Leave) Order 2006 (S.I. No. 52 of 2006), art. 8, in force as per art. 2.
8. The minimum period for the purposes of section 6 (as amended by section 3 of the Act of
2005) of the Act of 1995 is 24 weeks.
Editorial Notes:
E5 Power pursuant to section exercised (1.02.2006) by Adoptive Leave Act 1995 (Extension of Periods
of Leave) Order 2006 (S.I. No. 52 of 2006).
E6 Previous affecting provision: power pursuant to section exercised (1.02.2006) by Adoptive Leave
Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 4, in force as per
art. 2, superseded by art. 8 of the same instrument, above.
E7 Previous affecting provision: power pursuant to section exercised (19.11.2004) by Adoptive Leave
Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), art. 4, in force as per
art. 3; revoked (28.11.2005) by Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005)
by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
E8 Previous affecting provision: power pursuant to section exercised (8.02.2001) by Adoptive Leave
Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), art. 4; revoked
(19.11.2004) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667
of 2004), reg. 2 and Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by Adoptive
Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
Notification of employer.
7.—(1) In the case of an adoption other than a foreign adoption, entitlement to the
minimum period of adoptive leave shall be subject to an employed adopting mother
(or sole male adopter)—
(a) having, as soon as is reasonably practicable but not later than 4 weeks before
the expected day of placement, caused her employer to be notified in writing
of her intention to take adoptive leave, and
(b) having, as soon as is reasonably practicable, caused her employer to be notified
in writing of the expected day of placement, and
(c) causing her employer to be supplied with the certificate of placement as soon
as is reasonably practicable but not later than 4 weeks after the day of
placement.
(2) In the case of a foreign adoption, entitlement to the minimum period of adoptive
leave shall be subject to an employed adopting mother (or sole male adopter)—
(a) having, as soon as is reasonably practicable but not later than 4 weeks before
the expected day of placement, caused her employer to be notified in writing
of her intention to take adoptive leave, and
(b) having, as soon as is reasonably practicable, caused her employer to be notified
in writing of the expected day of placement, and
F13[(c) (i) having caused her employer to be supplied with a copy of an applicable
‘declaration of eligibility and suitability’ (within the meaning of section 3
PT. II S. 6 [No. 2.] Adoptive Leave Act 1995 [1995.]
12
(1) of the Adoption Act 2010) before the expected day of placement, if
not already supplied, and]
(ii) causing her employer to be supplied with particulars in writing of the
placement as soon as is reasonably practicable after the day of placement.
(3) A notification under this section may be revoked by a further notification in
writing by or on behalf of the employed adopting mother (or sole male adopter) to
her employer.
(4) Where the day of placement is postponed, commencement of the period of
adoptive leave shall also be postponed subject to the employed adopting mother (or
sole male adopter) causing her employer to be notified of the expected new day of
placement as soon as is reasonably practicable.
Annotations
Amendments:
F13 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(b), S.I. No. 511 of 2010.
Entitlement to additional adoptive leave.
8.—(1) F14[(a) Subject to this Part, an employed adopting mother (or sole male
adopter) who is entitled to, F15[or is on, adoptive leave or transferred
paternity leave] shall, on request, be entitled to further leave (to be known
as ‘additional adoptive leave’) from the employee’s employment.
(b) The additional adoptive leave F16[or, where applicable, any period of transferred
paternity leave] shall commence immediately after the adoptive leave
and be for a maximum period of 8 weeks.
(c) The maximum period may be extended by order made by the Minister.]
(2) Entitlement to additional adoptive leave, in a situation other than one to which
subsection (5) applies, shall be subject to an employed adopting mother (or sole male
adopter) having caused her employer to be notified in writing of her intention to take
such leave.
(3) Notification under subsection (2) shall be given either at the same time as the
relevant notification under section 7 (1) (a) or (2) (a) or not later than 4 weeks before
the date which would have been the expected date of her return to work if the
employed adopting mother (or sole male adopter) had not taken the F17[additional
adoptive leave or, where the employed adopting mother (or sole male adopter) takes
transferred paternity leave, the date on which the additional adoptive leave is, under
subsection (1)(b), to commence.]
(4) A notification under subsection (2) may be revoked by a further notification in
writing by or on behalf of the employed adopting mother (or sole male adopter) to
her employer not later than 4 weeks before the date which would have been the
expected date of her return to work if the employed adopting mother (or sole male
adopter) had not taken the additional adoptive leave.
(5) In the case of a foreign adoption, where the employed adopting mother (or sole
male adopter) requires a period of additional adoptive leave before the day of
placement, for the purposes of familiarisation with the child who is to be adopted,
some or all of the additional adoptive leave may be taken before the day of placement.
(6) Entitlement to additional adoptive leave under subsection (5) shall be subject
to the employed adopting mother (or sole male adopter)—
PT. II S. 7 [No. 2.] Adoptive Leave Act 1995 [1995.]
13
(a) having caused her employer to be notified in writing not later than 4 weeks
before the date on which she intends to take such leave, of the intended
date of commencement of such additional adoptive leave, and
F18[(b) having caused her employer to be supplied with a copy of an applicable
instrument, prepared by or on behalf of the Central Authority of the state
of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’
(within the meaning of section 3 (1) of the Adoption Act 2010).]
(7) A notification under subsection (6) (a) may be revoked by a further notification
in writing by or on behalf of the employed adopting mother (or sole male adopter)
to her employer.
(8) A period of additional adoptive leave under subsection (5) shall expire immediately
before the day of placement.
Annotations
Amendments:
F14 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 4, S.I. No. 724 of 2005.
F15 Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(b), S.I. No. 435
of 2016.
F16 Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(b), S.I. No. 435 of
2016.
F17 Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(c), S.I. No. 435
of 2016.
F18 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(c), S.I. No. 511 of 2010.
Modifications (not altering text):
C7 Application of section affected (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of
Leave) Order 2006 (S.I. No. 52 of 2006), art. 9, in force as per art. 2.
9. The maximum period for the purposes of section 8(1) (as amended by section 4 of the Act of
2005) of the Act of 1995 is 16 weeks.
Editorial Notes:
E9 Power pursuant to section exercised (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods
of Leave) Order 2006 (S.I. No. 52 of 2006), art. 5, in effect as per art. 2.
Entitlement of adopting father to adoptive leave in certain circumstances.
9.—F19[(1) (a) Where an adopting mother dies, the adopting father shall be entitled
to leave (to be known as ‘adoptive leave’) from his employment.
(b) The adoptive leave shall be for a period of—
(i) in case the adopting mother dies on or after the day of placement, 16
weeks less the period between the date of placement and the date of her
death, or
(ii) in any other case, 16 weeks.
(c) The period may be extended by order made by the Minister with the consent
of the Minister for Social and Family Affairs and the Minister for Finance.]
(2) Entitlement to a period of leave under subsection (1) shall be subject to the
adopting father—
PT. II S. 8 [No. 2.] Adoptive Leave Act 1995 [1995.]
14
(a) (i) having, as soon as is reasonably practicable before the commencement of
the leave, caused his employer to be notified in writing of his intention
to take such leave, or
(ii) in a case where the adopting mother died after the day of placement,
causing his employer to be notified in writing of his intention to take such
leave no later than the day on which he commences the leave,
and
(b) having, as soon as is reasonably practicable, caused his employer to be notified
in writing of the day or expected day of placement, as may be appropriate,
and
(c) (i) in the case of an adoption other than a foreign adoption, causing his
employer to be supplied with the certificate of placement as soon as is
reasonably practicable but not later than 4 weeks after the day of placement
or 4 weeks after the commencement of the leave whichever is the
later, or
(ii) in the case of a foreign adoption,
F20[(I) causing his employer to be supplied with a copy of an applicable
instrument, prepared by or on behalf of the Central Authority of the
state of the adoption, that is equivalent to a ‘declaration of eligibility
and suitability’ (within the meaning of section 3 (1) of the Adoption
Act 2010) as soon as reasonably practicable but not later than 4 weeks
after the commencement of the leave, and]
(II) causing his employer to be supplied with particulars in writing of
placement as soon as is reasonably practicable,
and
(d) causing, if requested, his employer to be supplied with a copy of the death
certificate made in respect of the deceased adopting mother as soon as is
reasonably practicable.
F21[(3) The period of adoptive leave referred to in subsection (1) shall commence
on the latest of the following:
(a) within 7 days of the death of the adopting mother,
(b) the day of placement, or
(c) where, on the date of the death of the adopting mother, the adopting father
is on paternity leave, immediately after the end of the paternity leave.]
(4) A notification under this section may be revoked by a further notification in
writing by or on behalf of the adopting father to his employer.
(5) Where the day of placement is postponed, commencement of the period of
adoptive leave shall also be postponed subject to the adopting father causing his
employer to be notified of the expected new day of placement as soon as is reasonably
practicable.
Annotations
Amendments:
F19 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 5, S.I. No. 724 of 2005.
F20 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(d), S.I. No. 511 of 2010.
PT. II S. 9 [No. 2.] Adoptive Leave Act 1995 [1995.]
15
F21 Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(d), S.I. No. 435
of 2016.
Modifications (not altering text):
C8 Terms “Department of Finance” and “Minister for Finance” construed and functions in subs. (1)(c)
transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial
Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions
in arts. 5-9.
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder
and relating to the administration and business transferred by paragraph (1) shall, on and after
the commencement of this Order, be construed as references to the Department of Public Expenditure
and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
C9 Application of section affected (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of
Leave) Order 2006 (S.I. No. 52 of 2006), art. 10, in force as per art. 2.
10. The adoptive leave for the purposes of section 9(1) (as amended by section 5 of the Act of
2005) of the Act of 1995 shall be for a period of —
(a) in case the adopting mother dies on or after the day of placement, 24 weeks less the
period between the date of placement and the date of her death, or
(b) in any other case, 24 weeks.
Editorial Notes:
E10 Power pursuant to section exercised (1.02.2006 and 1.02.2007) by Adoptive Leave Act 1995
(Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006).
E11 Previous affecting provision: power pursuant to section exercised (1.02.2006) by Adoptive Leave
Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 6, in force as per
art. 2, superseded by art. 10 of the same instrument, above.
E12 Previous affecting provision: power pursuant to section exercised (19.11.2004) by Adoptive Leave
Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), art. 5, in force as per
art. 3; revoked (28.11.2005) by Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005)
by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
E13 Previous affecting provision: power pursuant to section exercised (8.02.2001) by Adoptive Leave
Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), art. 6; revoked
(19.11.2004) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667
of 2004), reg. 2 and Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by Adoptive
Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
Entitlement of adopting father to additional adoptive leave
10.—F22[(1)(a) An employed adopting father who is entitled to, or is on, adoptive
leave on the death of the adopting mother shall, on request, be entitled to
further leave (to be known as ‘additional adoptive leave’) from his employment.
(b) The additional adoptive leave shall be for a period of—
PT. II S. 9 [No. 2.] Adoptive Leave Act 1995 [1995.]
16
(i) in case the adopting mother dies on or after the expiration of 16 weeks
from the day of placement, 8 weeks less the period between the date of
that expiration and the date of her death, or
(ii) in any other case, 8 weeks.
(c) The period of additional adoptive leave may be extended by order made by
the Minister.]
(2) Entitlement to a period of leave under subsection (1) shall be subject to an
adopting father complying with section 9 (2) as adapted by subsection (3).
(3) For the purposes of this section, references in section 9 (2) to adoptive leave
shall be construed as including references to additional adoptive leave and references
therein to subsection (1) of that section shall be construed as including references to
subsection (1) of this section.
(4) Where an adopting father has already complied with the provisions of section
9 (2) (b), (c) and (d), it shall not be necessary for him to comply with those provisions
as adapted by subsection (3) in order to satisfy the requirements of subsection (2).
F23[(5) The period of additional adoptive leave referred to in subsection (1) shall
commence—
(a) within 7 days of the death of the adopting mother,
(b) where, on the date of the death of the adopting mother, the adopting father
is on paternity leave, immediately after the end of the paternity leave, or
(c) where the adopting father was on adoptive leave, on the day immediately
following the end of such leave.]
(6) A notification under this section may be revoked by a further notification in
writing by or on behalf of the adopting father to his employer.
Annotations
Amendments:
F22 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 6, S.I. No. 724 of 2005.
F23 Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(e), S.I. No. 435
of 2016.
Modifications etc. (not altering text):
C10 Application of section affected (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of
Leave) Order 2006 (S.I. No. 52 of 2006), art. 11, in force as per art. 2.
11. The additional adoptive leave for the purposes of section 10(1) (as amended by section 6 of
the Act of 2005) of the Act of 1995 shall be for a period of —
(a) in case the adopting mother dies on or after the expiration of 24 weeks from the day of
placement, 16 weeks less the period between the date of that expiration and the date
of her death, or
(b) in any other case, 16 weeks.
Editorial Notes:
E14 Power pursuant to section exercised (1.02.2006) by Adoptive Leave Act 1995 (Extension of Periods
of Leave) Order 2006 (S.I. No. 52 of 2006).
PT. II S. 10 [No. 2.] Adoptive Leave Act 1995 [1995.]
17
E15 Previous affecting provision: power pursuant to section exercised and application of section
affected (1.02.2006) byAdoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I.
No. 52 of 2006), art. 7, in force as per art. 2, superseded by art. 11 of the same instrument above.
E16 Previous affecting provision: power pursuant to section exercised and application affected
(8.02.2001) by Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of
2001), art. 7, in force as per art. 2; revoked (19.11.2004) by Adoptive Leave Act 1995 (Extension
of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), reg. 2 and Adoptive Leave Act 1995 (2/1995),
s. 45 as inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
Entitlement of adopting father to additional adoptive leave
11.—(1) In the case of a foreign adoption, where the adopting mother dies and the
adopting father requires a period of additional adoptive leave before the day of
placement, for the purposes of familiarisation with the child who is to be adopted,some or all of the additional adoptive leave under section 10 may be taken immediately
before the day of placement.
(2) Entitlement to a period of leave under subsection (1) shall be subject to the
adopting father—
(a) having, as soon as is reasonably practicable, caused his employer to be notified
in writing of his intention to take such additional adoptive leave before the
day of placement, and
F24[(b) causing his employer to be supplied with a copy of an applicable instrument,
prepared by or on behalf of the Central Authority of the state of the
adoption, that is equivalent to a ‘declaration of eligibility and suitability’
(within the meaning of section 3 (1) of the Adoption Act 2010) as soon as
reasonably practicable but not later than 4 weeks after the commencement
of the leave, and]
(c) causing, if requested, his employer to be supplied with a copy of the death
certificate made in respect of the deceased adopting mother as soon as is
reasonably practicable.
(3) The period of additional adoptive leave referred to in subsection (1) shall
commence as soon as is reasonably practicable after the death of the adopting
mother.
(4) A notification under this section may be revoked by a further notification in
writing by or on behalf of the adopting father to his employer.
(5) Where the expected day of placement is postponed, commencement of the
period of additional adoptive leave under this section shall also be postponed subject
to the adopting father causing his employer to be notified of the expected new day
of placement as soon as is reasonably practicable.
Annotations
Amendments:
F24 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(e), S.I. No. 511 of 2010.
Editorial Notes:
E17 Previous affecting provision: application of section affected (8.02.2001) by Adoptive Leave Act,
1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), arts. 2(d) and 7, in force as
per art. 2; revoked (19.11.2004) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order
2004 (S.I. No. 667 of 2004), reg. 2 and Adoptive Leave Act 1995 (2/1995), s. 45 as inserted
(28.11.2005) by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
PT. II S. 10 [No. 2.] Adoptive Leave Act 1995 [1995.]
Time off to attend certain pre-adoption classes and meetings.
11A.—(1) Subject to subsections (2) and (3), an employee shall be entitled to time
off from work, without loss of pay, to attend any pre-adoption classes and meetings
which the employee is obliged to attend.
(2) Subsection (1) shall not apply—
(a) to a member of the Defence Forces who is—
(i) on active service within the meaning of section 5 of the Defence Act 1954
or deemed to be on active service within the meaning of section 4(1) of
the Defence (Amendment)(No. 2) Act 1960,
(ii) engaged in operational duties at sea,
(iii) engaged in operations in aid of the civil power,
(iv) engaged in training that is directly associated with any of the activities
referred to in subparagraphs (i), (ii) and (iii) of this paragraph, or
(v) engaged in any other duty outside the State,
(b) if the Chief of Staff of the Defence Forces in exceptional circumstances so
directs, to a member of the Defence Forces who is required to perform a
duty which is, in the opinion of the Chief of Staff of the Defence Forces, of
a special or urgent nature for so long as the member is performing the duty,
(c) to a member of the Garda Síochána who is on the direction, or with the consent,
of the Commissioner of the Garda Síochána serving outside the State and
performing duties of a police character or advising others on, or monitoring
them in, the performance of such duties or any related duties for so long as
the member is so serving, and
(d) if the Commissioner of the Garda Síochána in exceptional circumstances so
directs, to a member of the Garda Síochána who is required to perform a
duty which is, in the opinion of the Commissioner of the Garda Síochána, of
a special or urgent nature for so long as the member is performing the duty.
(3) (a) In this subsection ‘classes’ refers to the pre-adoption classes and meetings
mentioned in subsection (1).
(b) The entitlement of an employee to time off under subsection (1) is subject to
his or her having—
(i) notified the employer in writing of the dates and times of the classes
concerned, or the date and time of each class, as soon as practicable but
not later than 2 weeks before the date of the first class, or the class
concerned, as the case may be, and
(ii) produced to the employer, on request, an appropriate document indicating
the dates and times of the classes, or the date and time of the class,
concerned.
(c) Where the circumstances are such that, in the case of a particular class, noncompliance
by the employee with paragraph (b) is not due to any neglect or
default by the employee in relation to attendance at the class, the employee
is deemed to have complied with the requirements of that paragraph if, not
later than one week after the date of the class concerned, he or she provides
the employer with evidence of the attendance and an indication of the
circumstances which gave rise to the non-compliance.
(4) References in this section to pre-adoption classes and meetings are references
to such classes and meetings held within the State.]
PT. II S. 11A [No. 2.] Adoptive Leave Act 1995 [1995.]
19
Annotations
Amendments:
F25 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 7, S.I. No. 724 of 2005.
Termination of additional adoptive leave on sickness .
11B.—(1) An adopting parent (‘the employee’)—
(a) who is sick while on adoptive leave or while entitled to, or on, additional
adoptive leave, and
(b) who wishes to terminate the additional adoptive leave,
may request the employer in writing to terminate the additional adoptive leave or
cause such a request to be made.
(2) If the employer agrees to terminate the leave, it shall terminate on a date agreed
by the employee and the employer that is—
(a) not earlier than the date on which the sickness began, and
(b) not later than the date on which the leave would have ended in accordance
with the notification of intention to take it given by the employee to the
employer under this Part or section 41, as the case may be.
(3) The employer shall notify the employee of the decision on the request as soon
as is reasonably practicable after its receipt.
(4) On the termination of the additional adoptive leave—
(a) the absence from work of the employee owing to sickness after the termination
shall be treated in the same way as any other absence from work of the
employee owing to sickness, and
(b) the employee shall cease to be entitled to any leave not by then taken.]
Annotations
Amendments:
F26 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 8, S.I. No. 724 of 2005.
Postponement of leave on hospitalisation of child.
11C.—(1) If—
(a) an adopted child is in hospital, and
(b) the child’s adopting parent (‘the employee’) is entitled to, or is on, adoptive
leave or additional adoptive leave,
the employee may request the employer in writing (or cause such a request to be
made) to postpone in accordance with this section—
(i) the whole of the adoptive leave and any additional adoptive leave,
(ii) the part of the adoptive leave not by then taken and any additional adoptive
leave, or
(iii) the whole of the additional adoptive leave or any part not by then taken,
as appropriate.
PT. II S. 11A [No. 2.] Adoptive Leave Act 1995 [1995.]
20
(2) If the employer agrees to the request—
(a) the employee shall continue to work or, as the case may be, shall return to
work on a date agreed by the employee and employer that is not later than
the date on which the leave concerned is due to end in accordance with the
notification given under section 7 or (as the case may be) given, or deemed
under subsection (5) to have been given, under section 8(3),
(b) the leave concerned shall be postponed or, as the case may be, postponed
with effect from the date agreed under paragraph (a),
(c) the employee shall be entitled in accordance with this section to the leave or
the part of the leave not taken by reason of the postponement (in this Act
referred to as ‘postponed leave’), and
(d) the postponed leave shall be taken as a continuous period beginning not later
than 7 days after the child is discharged from hospital or such other date as
may be agreed between the employer and the employee.
(3) The employer shall notify the employee concerned in writing of the decision on
the request as soon as is reasonably practicable after its receipt.
(4) (a) Subject to subsection (6), entitlement to postponed leave shall be subject
to the employee having notified the employer in writing (or having caused
the employer to be so notified) of the employee’s intention to take the leave.
(b) The notification shall be given by the employee as soon as is reasonably
practicable after the employee becomes aware of the date of the child’s
discharge from hospital.
(c) The notification may be revoked by a further notification in writing given by
or on behalf of the employee to the employer.
(5) Notwithstanding that an employee who is on adoptive leave has not caused the
employer to be notified in accordance with section 8(3) of his or her intention to take
additional adoptive leave, the employee shall be deemed, for the purposes of paragraph
(ii) or (iii) of subsection (1), to have done so.
(6) An employer may waive the right to receive a notification in accordance with
subsection (4).
(7) The employer may require the employee to supply evidence of the child’s
hospitalisation and discharge from hospital.]
Annotations
Amendments:
F27 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 9, S.I. No. 724 of 2005.
Absence from work owing to sickness while leave postponed.
11D.—(1) Where—
(a) an employee whose request to postpone leave has been agreed by the
employer continues to work or, as the case may be, returns to work in
accordance with section 11C(2)(a), and
(b) is absent from work owing to sickness while the leave is postponed,
the employee shall be deemed to begin the postponed leave on the first day of the
absence unless the employee notifies the employer in writing (or causes the
employer to be so notified) as soon as is reasonably practicable that the employee
does not wish to begin the postponed leave.
PT. II S. 11C [No. 2.] Adoptive Leave Act 1995 [1995.]
21
(2) On any such notification—
(a) the absence from work of the employee owing to sickness shall be treated in
the same way as any other absence from work of the employee owing to
sickness, and
(b) the employee shall cease to be entitled to the postponed leave.]
Annotations
Amendments:
F28 Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 10, S.I. No. 724 of 2005.
Placements of less than fourteen weeks duration.
12.—F29[(1) Where the placement of a child with an adopting parent terminates
before the expiration of the period of leave from the employment to which the
adopting parent is entitled under this Part (other than as a result of the death of the
child), the adopting parent shall notify the employer in writing (or cause the
employer to be so notified) of the date of termination as soon as reasonably practicable
but not later than 7 days after that date.]
(2) On receipt by her employer of a notification under subsection (1), the adopting
parent shall be required to return to work on such date as is convenient to her
employer but not later than the date on which the notified period of adoptive leave
or, as the case may be, the notified period of additional adoptive leave expires.
(3) In the case of a foreign adoption, where an adopting parent takes additional
adoptive leave before the day of placement and no placement takes place, she shall
return to work on the day on which the notified period of such leave expires, at the
latest, and shall cause her employer to be notified of the intended date of her return
to work as soon as is reasonably practicable.
(4) In a case to which subsection (2) relates an employer shall give the adopting
parent one week’s notice of the day on which she is required to return to work.
(5) Where, in the opinion of a rights commissioner or the Tribunal, there are
reasonable grounds for an adopting parent’s failure to give a notice under this section
or for an adopting parent giving it otherwise than within the time limits specified
thereunder, the rights commissioner or Tribunal, as the case may be, shall extend the
time for service of the said notice.
(6) In the absence of reasonable grounds, failure to give notice under this section
or the giving of it otherwise than in the time limits specified thereunder are matters
that may be taken into account by a rights commissioner, the Tribunal or Circuit Court
in determining the adopting parent’s rights under the Act of 1977, this Act or any
other relevant enactment so far as the remedies of re-instatement, re-engagement
or compensation are concerned.
Annotations
Amendments:
F29 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 11, S.I. No. 724 of 2005.
PT. II S. 11D [No. 2.] Adoptive Leave Act 1995 [1995.]
22
Editorial Notes:
E18 Previous affecting provision: application of section affected (19.11.2004) by Adoptive Leave Act
1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), art. 6, in force as per art.
3; revoked (28.11.2005) by Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by
Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.
E19 Previous affecting provision: application of section affected (8.02.2001) by Adoptive Leave Act,
1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), art. 8; revoked (19.11.2004)
by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), reg.
2 and Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by Adoptive Leave Act 2005
(25/2005), S.I. No. 724 of 2005.
Certificate of placement to be issued.
13.—(1) An adopting parent shall, if she so requests, be issued with a certificate
(“the certificate of placement”) by—
(a) the health board which arranges the placing of the child with the adopting
parent, or
(b) the F30[accredited body] which arranges the placing of the child with the
adopting parent.
(2) The certificate of placement referred to in subsection (1) shall be issued, no
later than 7 days from the date of receipt of the request, by the health board or
F30[accredited body], as may be appropriate.
(3) The certificate of placement referred to in subsection (1) shall state the following—
(a) the date on which it is issued,
(b) the day of placement,
(c) the sex and date of birth of the child,
(d) the name and address of the adopting parent or parents,
and shall be signed by a person authorised to issue such a certificate on behalf of the
issuing authority.
(4) The certificate of placement when being issued in accordance with subsection
(1) (a) may be issued on behalf of the health board by its chief executive officer.
(5) In subsection (4) “chief executive officer” includes a person acting as deputy
chief executive officer in accordance with section 13 of the Health Act, 1970.
(6) Where the placing of the child with the adopting parent or parents was arranged
otherwise than by a health board or F30[accredited body] and an application for an
adoption order has been received by F30[the Authority] from an adopting parent or
parents, F30[the Authority] shall, on receipt of a request from an adopting parent
for a certificate (“the certificate of placement”), issue the adopting parent with a
certificate of placement.
(7) The certificate of placement referred to in subsection (6) shall be issued, no
later than 7 days from the date of receipt of the request, by F30[the Authority].
(8) The certificate of placement referred to in subsection (6) shall state the following—
(a) the date on which it is issued,
(b) the date of the application for an adoption order,
PT. II S. 12 [No. 2.] Adoptive Leave Act 1995 [1995.]
23
(c) the day of placement as stated in the application,
(d) the sex and date of birth of the child,
(e) the name and address of the adopting parent or parents,
and shall be signed by an officer of F30[the Authority] authorised to issue such a
certificate in that behalf.
Annotations
Amendments:
F30 Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(f), S.I. No. 511 of 2010.
Editorial Notes:
E20 Functions of health boards transferred to the Health Service Executive (1.01.2005) by Health Act
2004 (42/2004), s. 59, S.I. No. 887 of 2004.
Evidence as to certificate of placement.
14.—The certificate of placement or a copy thereof certified by the body which
issued the certificate of placement to be a true copy shall, unless the contrary is
proved, be evidence of the matters referred to therein in any proceedings arising out
of or relating to the exercise or attempted exercise by an adopting parent of her rights
under this Act.
PART III
PROVISIONS RELATING TO EMPLOYMENT CONTRACTS
Preservation or suspension of certain rights while on adoptive leave.
15.—(1) While absent from work on adoptive leave, an employee—
(a) shall be deemed to have been in the employment of the employer, and
(b) shall, subject to subsection (6) and section 17, be treated as if the employee
had not been so absent,
and the absence shall not affect any right of the employee related to the employment
(other than the right to remuneration during the absence), whether conferred by
statute, contract or otherwise.
(2) While absent from work on additional adoptive leave an employee—
(a) shall be deemed to have been in the employment of the employer, and
(b) shall, subject to subsection (6) and section 17, be treated as if the employee
had not been so absent,
and the absence shall not affect any right or obligation related to the employee’s
employment (other than the employee’s right to remuneration or superannuation
benefits or any obligation to pay contributions in or in respect of the employment
during the absence), whether conferred or imposed by statute, contract or otherwise.
(3) While absent from work attending pre-adoption classes or meetingsin accordance
with section 11A, an employee—
(a) shall be deemed to be in the employment of the employer, and
PT. II S. 13 [No. 2.] Adoptive Leave Act 1995 [1995.]
24
(b) shall, subject to subsection (6) and section 17, be treated as if the employee
had not been so absent,
and the absence shall not affect any right related to the employee’s employment,
whether conferred by statute, contract or otherwise.
(4) Nothing in this section shall affect the right of an employee to be offered suitable
alternative employment under section 19.
(5) A period of absence from work in accordance with this Act shall not be treated
as part of any other leave (including sick leave or annual leave) to which an employee
is entitled.
(6) Where, on starting employment, an employee is on probation, is undergoing
training in relation to it or is an apprentice, the probation, training or apprenticeship
shall stand suspended during any absence from work in accordance with this Act and
shall be completed by the employee on returning to work after the absence.
(7) An employee shall be deemed not to be an employed contributor for the
purposes of the Social Welfare Acts for any contribution week (within the meaning
of those Acts) while absent from work on adoptive leave or additional adoptive leave
if the employee does not receive any reckonable earnings (within that meaning) in
respect of that week.
(8) The Minister may by regulations prescribe a period or periods of training in
relation to which subsection (6) shall not apply.]
Annotations
Amendments:
F31 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 12, S.I. No. 724 of 2005
Voidance of certain purported terminations of employment
16.—Each of the following shall be void:
(a) any purported termination of or suspension from employment of an adopting
parent while absent from work—
(i) on adoptive leave or additional adoptive leave, or
(ii) attending pre-adoption classes or meetings in accordance with section
11A;
(b) any notice of termination of the employment of an adopting parent given
during the parent’s absence from work—
(i) on adoptive leave or additional adoptive leave, or
(ii) while attending pre-adoption classes or meetings in accordance with that
section,
and expiring after the absence.]
Annotations
Amendments:
F32 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 13, S.I. No. 724 of 2005.
PT. III S. 15 [No. 2.] Adoptive Leave Act 1995 [1995.]
25
Extension of notices of termination of employment and suspensions.
17.—(1) This section applies to—
(a) a notice of termination of employment, or
(b) a suspension from employment,
which is given to or imposed on an adopting parent before the adopting parent begins
a period of leave under this Act and which is due to expire during the adopting parent’s
absence from work on that leave.
(2) Any notice of termination or any suspension to which this section applies shall
be extended by the period of the absence concerned.
(3) References in subsection (1) to a period of leave under this Act include references
to a period of time off from work while attending pre-adoption classes or meetings
in accordance with section 11A.]
Annotations
Amendments:
F33 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 14, S.I. No. 724 of 2005.
General right to return to work
18.—(1) An adopting parent (‘the employee’) who is absent from work while on
adoptive leave or additional adoptive leave shall be entitled to return to work—
(a) either—
(i) with the employer with whom the employee was working immediately
before the absence, or
(ii) if during the absence there was a change of ownership of the undertaking
in which the employee was employed immediately before the absence,
with the owner (in this Act referred to as ‘the successor’) of the undertaking
when the absence ended,
(b) in the job which the employee held immediately before the absence began,
and
(c) under the contract of employment under which the employee was employed
immediately before the absence began, or (as the case may be) under a
contract of employment with the successor, which is identical to the contract
under which the employee was employed immediately before the absence
and (in either case) under terms or conditions—
(i) that are not less favourable than those that would have been applicable,
and
(ii) that incorporate any improvements in the terms and conditions of
employment to which the employee would have been entitled,
if the employee had not been so absent from work.
(2) For the purposes of subsection (1)(b), where the job held by the employee
immediately before the absence was not the employee’s normal or usual job, the
employee shall be entitled to return to work, either in the normal or usual job or in
the job so held, as soon as is practicable.
(3) In this section, ‘job’ means the nature of the work which the employee is
employed to do in accordance with the employee’s contract of employment and the
capacity and place in which the employee is so employed.]
PT. III S. 17 [No. 2.] Adoptive Leave Act 1995 [1995.]
Annotations
Amendments:
F34 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 15, S.I. No. 724 of 2005.
Right to suitable alternative employment in certain circumstances
19.—(1) Where an adopting parent is entitled to return to work under section 18
but it is not reasonably practicable for her employer or the successor to permit her
to return to work in accordance with that section, she shall be entitled to be offered
by her employer, the successor or an associated employer suitable alternative
employment in accordance with a new contract of employment.
(2) The following provisions shall apply to a new contract of employment under this
section—
(a) the work required to be done under it shall be of a kind which is suitable in
relation to the employee concerned and appropriate for her to do, and
F35[(b) the terms or conditions of the contract—
(i) relating to the place where the work under it is required to be done, the
capacity in which the employee concerned is to be employed and any
other terms or conditions of employment are not less favourable to the
employee than those of the employee’s contract of employment immediately
before the absence from work on adoptive leave or additional
adoptive leave, and
(ii) incorporate any improvement in the terms or conditions of employment
to which the employee would have been entitled if the employee had not
been so absent from work during that period.]
(3) For the purposes of this section two employers shall be taken to be associated
if one is a body corporate of which the other (whether directly or indirectly) has
control or if both are bodies corporate of which a third person (whether directly or
indirectly) has control and references hereafter in this Act to associated employer
shall be construed accordingly.
Annotations
Amendments:
F35 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 16, S.I. No. 724 of 2005.
Notification of intention to return to work.
20.—F36[(1) An employee who is entitled to, or is on, adoptive leave or additional
adoptive leave shall cause the employer (or, if aware of a change of ownership of the
undertaking concerned, the successor) to be notified in writing of the employee’s
intention to return to work and of the date on which the employee expects to do so—
(a) where the leave is for a period of 4 weeks or less, at the same time as the
employee notifies the employer of intention to take the leave,
(b) where the leave is for a period of more than 4 weeks—
(i) subject to subparagraph (ii), in case the leave is postponed leave, either—
(I) at the same time as the employee notifies the employer under section
11C(4) of intention to take the leave, or
(II) at least 4 weeks before the date of the expected return to work,
PT. III S. 18 [No. 2.] Adoptive Leave Act 1995 [1995.]
whichever is the later,
(ii) in case the employee is deemed under section 11D(1) to be on postponed
leave, as soon as is reasonably practicable after the beginning of the
absence from work of the employee owing to sickness but not later than
the date on which the employee expects to return to work,
(iii) in any other case, not later than 4 weeks before the date on which the
employee expects to return to work.]
(2) Where, in the opinion of a rights commissioner or the Tribunal, there are
reasonable grounds for an adopting parent’s failure to give the notice under subsection
(1) or for an adopting parent giving it otherwise than in the time limits specified
thereunder, the rights commissioner or Tribunal, as the case may be, shall extend the
time for service of the said notice.
(3) In the absence of reasonable grounds, failure to give notice under subsection
(1) or the giving of it otherwise than in the time limits specified thereunder are matters
that may be taken into account by a rights commissioner, the Tribunal or Circuit Court
in determining the adopting parent’s rights under the Act of 1977, this Act or any
other relevant enactment so far as the remedies of reinstatement, re-engagement or
compensation are concerned.
(4) F37[…]
Annotations
Amendments:
F36 Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 17(a), S.I. No. 724 of 2005.
F37 Deleted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 17(b), S.I. No. 724 of 2005.
Postponement of return to work.
21.—Where, because of an interruption or cessation of work at her place of
employment, existing on the date specified in a notification given under section 12
(3) or 20 or on the date on which an adopting parent is required to return to work
under section 12 (2), as the case may be, it is unreasonable to expect an adopting
parent to return to work on such date, she may return to work instead when work
resumes at the place of employment after the interruption or cessation, or as soon
as is reasonably practicable after such resumption.