First Previous (PART V Disputes Relating to Entitlement)

2 1995

ADOPTIVE LEAVE ACT, 1995

PART VI

Miscellaneous and Transitional Provisions

Alternative notification procedure.

41. —(1) Where an adopting parent commences employment within a period of 6 weeks before the day of placement she shall, as soon as is reasonably practicable but not later than the day on which she commences adoptive leave, cause her employer to be notified in writing of her intention to take adoptive leave, and where such notification is given, the provisions of section 7 (1) (a), 7 (2) (a) or 9 (2) (a) (i), as the case may be, shall not apply in respect of that period of leave.

(2) Where an adopting parent commences employment within a period of 6 weeks before the day of placement and wishes to take a period of additional adoptive leave before the day of placement under section 8 (5) or section 11 , as the case may be, the adopting parent shall, as soon as is reasonably practicable, but no later than the day on which she commences such leave, cause her employer to be notified in writing of her intention to take additional adoptive leave before the day of placement, and when such notification is given the provisions of section 8 (6) (a) or 11 (2) (a), as the case may be, shall not apply in respect of that period of leave.

(3) Where a child is to be placed with an adopting parent within the period of 6 weeks beginning on the commencement of this Act, the adopting parent shall, as soon as is reasonably practicable but not later than the day of placement, cause her employer to be notified in writing of her intention to take adoptive leave, and where such notification is given, the provisions of section 7 (1) (a), 7 (2) (a) or 9 (2) (a) (i), as the case may be, shall not apply in respect of that period of leave.

(4) Where a child is to be placed with an adopting parent within the period of 6 weeks beginning on the commencement of this Act and the adopting parent wishes to take a period of additional adoptive leave before the day of placement under section 8 (5) or section 11 , as the case may be, the adopting parent shall, as soon as is reasonably practicable, but no later than the day on which she commences such leave, cause her employer to be notified in writing of her intention to take additional adoptive leave before the day of placement, and when such notification is given the provisions of section 8 (6) (a) or 11 (2) (a), as the case may be, shall not apply in respect of that period of leave.

(5) An employer, who receives a notification under this section within 2 weeks of the notified day of commencement of the leave, may require the adopting parent to delay commencement of the leave, in respect of which the notification was given, for up to 2 weeks from the day on which the notification was received.

Right to adoptive leave where child placed before commencement of Act.

42. —(1) Where a child has been placed with an adopting parent at any time within the period of 10 weeks before the commencement of this Act—

(a) the adopting parent shall be entitled to adoptive leave for a period of 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of commencement of this Act, or

(b) the adopting father shall, in circumstances where the adopting mother dies after the commencement of this Act, be entitled to leave for a period of 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of the adopting mother's death.

(2) The adopting parent shall commence a period of leave referred to in subsection (1) (a) within the period of 7 days beginning on the date of commencement of this Act and shall, as soon as is reasonably practicable but not later than the day on which the leave is commenced, cause her employer to be notified in writing of her intention to take such leave.

(3) The adopting father shall commence a period of leave referred to in subsection (1) (b) within the period of 7 days beginning on the date of the death of the adopting mother and shall, as soon as is reasonably practicable but not later than the day on which the leave is commenced, cause his employer to be notified in writing of his intention to take such leave.

(4) (a) In the case of an adoption other than a foreign adoption, entitlement to leave under subsection (1) (a) shall be subject to an adopting parent 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 commencement of the leave.

(b) In the case of a foreign adoption, entitlement to leave under subsection (1) (a) shall be subject to an adopting parent—

(i) causing her employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991 , before the commencement of the leave, and

(ii) causing her employer to be supplied with particulars in writing of the placement as soon as reasonably practicable.

(5) Paragraphs (b), (c) and (d) of section 9 (2) shall apply in respect of an adopting father taking leave under subsection (1) (b).

(6) An employer who receives a notification under this section may require the adopting parent to delay commencement of the leave, in respect of which the notification was given, for up to 2 weeks from the notified day of commencement of the leave.

Right to additional adoptive leave where child placed before commencement of Act.

43. —(1) Where an adopting parent takes leave under section 42 she shall be entitled, if she so requests, to additional adoptive leave for a period of 4 weeks.

(2) The adopting parent shall commence a period of leave referred to in subsection (1) immediately upon the expiration of the period of adoptive leave under section 42 and shall cause her employer to be notified in writing of her intention to take such leave—

(a) at the same time as the notification of her intention to take leave under section 42 (2) is given, or

(b) not later than 4 weeks before the date on which she intends to take the leave,

whichever is the later.

Notification of intention to return to work in respect of leave taken under sections 42 and 43 .

44. —(1) An adopting parent who has been on adoptive leave under section 42 or additional adoptive leave under section 43 shall cause her employer (or, where she is aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing of her intention to return to work and of the date on which she expects to return to work—

(a) at the same time that she causes her employer to be notified of her intention to take leave under either of those sections, or

(b) not later than 4 weeks before the date on which she expects to return to work,

whichever is the later.

(2) Subsections (2) and (3) of section 20 shall apply to an adopting parent taking leave under sections 42 and 43 and the references in those subsections to subsection (1) shall be construed as including a reference to subsection (1) of this section.


Acts Referred to

Adoption Act, 1952

1952, No. 25

Adoption Act, 1991

1991, No. 14

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Health Act, 1970

1970, No. 1

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Protection of Employees (Employers' Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Unfair Dismissals Act, 1977

1977, No. 10

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5