ADOPTIVE LEAVE ACT 1995


Number 2 of 1995


ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 August 2016


This Revised Act is an administrative consolidation of the Adoptive Leave Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Energy Act 2016 (12/2016), enacted 30 July 2016, and all statutory instruments up to and including Paternity Leave and Benefit Act 2016 (Commencement) Order 2016 (S.I. No. 435 of 2016), made 30 July 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 2 of 1995


ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 August 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Adoptive Leave Acts 1995 and 2005 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Adoptive Leave Act 2005 , s. 22(2)). The Acts in the group are:

Adoptive Leave Act 1995 (2/1995)

Adoptive Leave Act 2005 (25/2005)

Other Acts dealing with employment leave are the Maternity Protection Acts 1994 and 2004, the Parental Leave Acts 1998 and 2006 and the Carer’s Leave Act 2001.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Paternity Leave and Benefit Act 2016 (11/2016)

Workplace Relations Act 2015 (16/2015)

Children and Family Relationships Act 2015 (9/2015)

Education and Training Boards Act 2013 (11/2013)

Adoption Act 2010 (21/2010)

Adoptive Leave Act 2005 (25/2005)

Health Act 2004 (42/2004)

Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004)

Employment Equality Act 1998 (21/1998)

Pensions Act 1990 (25/1990)

All Acts up to and including Energy Act 2016 (12/2016), enacted 30 July 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006)

Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004)

Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001)

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

Adoptive Leave (Calculation of Weekly Remuneration) Regulations 1995 (S.I. No. 196 of 1995)

Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations 1995 (S.I. No. 195 of 1995)

Adoptive Leave Act, 1995 (Commencement) Order 1995 (S.I. No. 64 of 1995)

All statutory instruments up to and including Paternity Leave and Benefit Act 2016 (Commencement) Order 2016 (S.I. No. 435 of 2016), made 30 July 2016, were considered in the preparation of this revision.


Number 2 of 1995


ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 August 2016


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Adoptive leave

6.

Entitlement of employed adopting mother (or sole male adopter) to a minimum period of adoptive leave.

7.

Notification of employer.

8.

Entitlement of employed adopting mother (or sole male adopter) to additional adoptive leave.

9.

Entitlement of adopting father to adoptive leave in certain circumstances.

10.

Entitlement of adopting father to additional adoptive leave in certain circumstances.

11.

Entitlement of adopting father to additional adoptive leave before day of placement in certain circumstances.

11A.

Time off to attend certain pre-adoption classes and meetings.

11B.

Termination of additional adoptive leave on sickness of adopting parent.

11C.

Postponement of leave on hospitalisation of child.

11D.

Absence from work owing to sickness while leave postponed.

12.

Placements of less than fourteen weeks duration.

13.

Certificate of placement to be issued.

14.

Evidence as to certificate of placement.

PART III

Provisions Relating to Employment Contracts

15.

Preservation or suspension of certain rights, etc. while on adoptive leave.

16.

Voidance of certain purported terminations of employment, etc.

17.

Extension of certain notices of termination of employment or of certain suspensions.

18.

General right to return to work after adoptive leave or additional adoptive leave.

19.

Right to suitable alternative employment in certain circumstances on return to work.

20.

Notification of intention to return to work.

21.

Postponement of return to work.

PART IV

Amendment or Application of Other Enactments

Unfair Dismissals Act, 1977

22.

Amendment of section 1 of Act of 1977.

23.

Amendment of section 2 (2) of Act of 1977.

24.

Amendment of section 6 (2) of Act of 1977.

25.

Amendment of section 6 of Act of 1977.

26.

Adopting parent not permitted to return to work.

Redundancy Payments Act, 1967

27.

Amendment of section 2 of Act of 1967.

28.

Amendment of Schedule 3 to Redundancy Payments Act 1967.

29.

Adopting parent not permitted to return to work.

Minimum Notice and Terms of Employment Act, 1973

30.

Adopting parent not permitted to return to work.

PART V

Disputes Relating to Entitlement

31.

Definition.

32.

Disputes regarding entitlement under this Act.

33.

[Decision under section 41 or section 44 of Workplace Relations Act 2015.]

34.

Referral of disputes to rights commissioner.

35.

Appeal from decision of rights commissioner.

36.

Appeal to High Court on point of law.

37.

Service of documents.

38.

Provisions relating to winding up and bankruptcy.

39.

Enforcement of decision of rights commissioner and determination of Tribunal.

40.

Extension of Protection of Employees (Employers’ Insolvency) Act, 1984.

PART VI

Miscellaneous and Transitional Provisions

41.

Alternative notification procedure.

42.

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

43.

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

44.

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

45.

Revocation.


Number 2 of 1995


ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 August 2016


AN ACT TO ENTITLE FEMALE EMPLOYEES, AND IN CERTAIN CIRCUMSTANCES MALE EMPLOYEES, TO EMPLOYMENT LEAVE FOR THE PURPOSE OF CHILD ADOPTION, TO EXTEND TO THEM THE PROTECTION AGAINST UNFAIR DISMISSAL CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977 , AND TO PROVIDE FOR CONNECTED MATTERS. [15 th March , 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications etc. (not altering text):

C1

Functions transferred and references to “Department of” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Justice and Law Reform.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform.

(2) ...

(3) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Justice and Law Reform.

C2

Application of Act not affected by Pensions Act 1990 (25/1990) s. 75 as substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22(1), S.I. No. 141 of 2004.

Compliance with statutory requirements, etc.

75.—(1) Nothing in this Part renders unlawful any act done in compliance with any provision of the Maternity Protection Act 1994 or the Adoptive Leave Act 1995 and, accordingly, any such act does not constitute a breach of the principle of equal pension treatment on the marital status ground.

...

Editorial Notes:

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer's registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and references to Minister for and Department of Justice, Equality and Law Reform construed (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8; superseded as per C-note above.

E3

Previous affecting provision: functions transferred and references to Minister for and Department of Equality and Law Reform construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per C-note above.