Adoptive Leave Act 1995

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

11

11.(1) In the case of a foreign adoption, where F39[the qualifying adopter] dies and F39[the surviving parent] 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 F39[the surviving parent]

(a) having, as soon as is reasonably practicable, caused F39[his or her] employer to be notified in writing of F39[his or her] intention to take such additional adoptive leave before the day of placement, and

F40[(b) causing F39[his or 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) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and]

(c) causing, if requested, F39[his or her] employer to be supplied with a copy of the death certificate made in respect of the deceased F39[qualifying adopter] 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 F39[the qualifying adopter].

(4) A notification under this section may be revoked by a further notification in writing by or on behalf of F39[the surviving parent] to F39[his or her] 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 F39[the surviving parent] causing F39[his or her] employer to be notified of the expected new day of placement as soon as is reasonably practicable.

Annotations

Amendments:

F39

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 49-56, S.I. No. 148 of 2021.

F40

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(e), S.I. No. 511 of 2010.

Editorial Notes:

E22

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.