Adoptive Leave Act 1995

F44[Absence from work owing to sickness while leave postponed.

11D
11D

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.

(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:

F44

Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 10, S.I. No. 724 of 2005.