Adoptive Leave Act 1995

Placements of less than fourteen weeks duration.

12

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.

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.